A personal injury case in Texas can take several months or several years, and the timeline depends on the severity of your injuries, how clear the fault is, and whether the insurance company offers fair compensation. If you are facing medical bills and missed paychecks, you probably want a firm date, and it is reasonable to ask for one. No two cases move at the same speed.
Byrd Davis Alden & Henrichson, LLP is Austin’s oldest personal injury law firm, established in 1959. Over 65 years, our trial lawyers have handled car accident cases and other serious injury claims, so we know how long each stage may take. Here is what you can expect from start to finish.
The Short Answer Depends on Your Case
Cases with clear fault and moderate injuries may resolve in several months. Cases involving serious injuries, disputed fault, or several responsible parties often take two years or longer. Court calendars also vary by county, which can add time once a lawsuit is filed. Some courts, especially in smaller counties, have concurrent jurisdiction for criminal cases, and criminal cases have a preference when it comes to trial settings. Insurance companies may also take weeks to review records, which can slow early talks.
A faster result is not always a better one. Your claim should not settle until your doctors can tell how your recovery is going, since you generally cannot ask for more money after you sign a release. Insurance adjusters and juries both place significant weight on what is in your medical records, so document your injuries from day one. Make sure to accurately and fully describe for your doctors all of your symptoms, especially your level of pain and the impact your injuries have on daily living. You have the right to review your medical records to make sure they are complete. You would be surprised how often doctors and nurses omit information or make mistakes. You have the right to correct those mistakes.
Stages That Shape Your Timeline
Most Texas personal injury claims move through the same general stages, even though each one may take more or less time in your case. Here is how a typical case unfolds:
- We investigate what happened and collect records while you focus on treatment, which may take weeks or months depending on your injuries.
- After your treatment has progressed enough to show the full cost of your injuries, we send a demand to the insurance company and negotiate toward a fair settlement.
- If the insurer does not offer fair compensation, we file a lawsuit before the two-year deadline passes.
- Both sides exchange records, written answers, and testimony during discovery, which can take many months.
- Many cases settle at mediation, and those that do not move toward a jury trial.
Each stage depends on the one before it. Settlement can happen at almost any point, which is why some cases finish in months while others take years.
How Texas Court Rules Affect the Schedule
Texas law sets an outer limit on your timeline. Under the two-year statute of limitations, you must generally file suit within two years after the date of your injury, or the court may bar your claim. Starting early gives us room to investigate, negotiate, and file on time if talks stall.
Court rules then set the pace. The Texas Supreme Court adopted rules for expedited actions that apply to cases filed on or after January 1, 2021. Suits seeking only $250,000 or less get a 180-day discovery period, and a party may ask for a trial date within 90 days after discovery ends. Larger claims follow the standard schedule, which may allow up to nine months of discovery unless trial comes sooner, or for especially serious injuries or complicated cases, your trial schedule may be customized by the attorneys.
What May Speed Up or Slow Down Your Case
Several factors affect how long you may need to pursue your claim. Serious injuries often require longer treatment, and your claim should reflect the full cost of your recovery. Disputed fault, several defendants, or an insurer that refuses to negotiate fairly may also stretch the schedule.
Clear evidence and steady communication may help move things along. A well-prepared mediation may lead to a fair settlement without a trial, but we also prepare each case as if it may go to a jury. You can read more about why cases go to trial. Because insurers know we try cases, that preparation often gives us leverage at the bargaining table.
Contact Byrd Davis Alden & Henrichson, LLP About Your Case
Clients hire us by reputation, word of mouth, and online research, and we do not rely on TV commercials or billboards. Our Top-Rated, Board Certified personal injury attorneys are listed in Super Lawyers, Best Lawyers, Best Law Firms, and the Bar Register of Pre-eminent Lawyers. You pay no fees unless we win.
Every case has its own timeline, and we are ready to explain what yours may involve. We may be able to review your situation, outline your options, and map out next steps so you can plan around a realistic schedule. Do not hesitate to contact our team to talk about your case and what comes next.
