What To Expect During a Texas Personal Injury Case

A Texas personal injury case may take a few months or years to resolve. Each case differs based on the facts, severity of injuries, and willingness of the insurance company to settle.

However, most Texas personal injury cases follow a similar timeline.

Step 1: Medical Treatment and Initial Consultation (Days to Weeks)

Your health comes first. After the accident, seek medical attention right away. Follow all treatment recommendations and attend follow-up appointments. These records will serve as key evidence in your case.

While receiving treatment, contact a personal injury attorney. Most Texas lawyers, including those at Craft Law Firm, offer free consultations. During the initial meeting, the lawyer will evaluate your case, explain your rights, and outline a strategy.

If you choose to move forward, the lawyer will begin the claims process.

Step 2: Investigation and Evidence Gathering (Weeks to Months)

Your lawyer will investigate the incident by gathering evidence such as:

• Medical records
  
• Police or accident reports
  
• Photographs of injuries and the scene
  
• Witness statements
  
• Surveillance or dashcam footage
  
• Expert evaluations (if needed)
  

In Texas, a lawyer may also issue a spoliation letter to prevent the opposing party from destroying relevant evidence. This phase ensures your case is well-documented before any negotiation begins.

Step 3: Demand Letter and Settlement Negotiations (1 to 3 Months)

Once you reach maximum medical improvement (MMI), your lawyer will calculate your damages and send a formal demand letter to the at-fault party’s insurance company.

This letter outlines your injuries, supporting evidence, and the amount you seek in compensation.

The insurance company may:

• Accept the demand and pay
  
• Make a counteroffer
  
• Deny liability
  

Your lawyer will handle all negotiations and advise you on whether to accept a settlement or proceed to litigation.

Step 4: Filing a Lawsuit (If Settlement Fails – 0 to 2 Years from Date of Injury)

If negotiations stall or the insurer refuses to make a fair offer, your lawyer may file a personal injury lawsuit.

In Texas, you must file suit within two years from the date of injury under the statute of limitations. Filing within this time protects your right to pursue compensation.

Step 5: Discovery Phase (6 to 12 Months)

During discovery, both sides exchange information and evidence. This phase may include:

• Written questions (interrogatories)
  
• Requests for documents
  
• Depositions (recorded interviews under oath)
  
• Medical examinations
  

Discovery allows each party to understand the other side’s case before trial and often leads to renewed settlement discussions.

Step 6: Mediation or Trial (1 to 2 Years After Filing)

Most Texas personal injury cases settle before trial, often during mediation. A neutral third party will help both sides negotiate a resolution. If mediation fails, your case will proceed to trial.

The court will hear both sides and decide whether to award compensation. Trial can last a few days to several weeks, depending on the complexity of the case.

Step 7: Post-Trial and Appeals (If Applicable)

After trial, the losing party may appeal. This can delay final resolution but does not occur in most cases. If you win, you will receive payment based on the court’s judgment.

To learn more about your particular case, contact our firm and schedule your free consultation today.