How Long Does a Personal Injury Case Take in Texas?
If you’ve been injured in a car crash, slip and fall, or any type of accident caused by someone else’s negligence, one of the first questions you’re likely to have is:
“How long will it take to resolve my personal injury case?”
The answer is: it depends. Every personal injury case is unique. Some settle in a matter of weeks. Others take months—or even years—especially if the injuries are severe, liability is disputed, or the case goes to trial.
At Mahdavi Law Firm, we know how stressful it is to wait for answers and financial relief. In this blog post, we break down the typical timeline of a personal injury case in Texas, what factors affect how long it takes, and what you can expect at each stage of the process.
The General Timeline of a Personal Injury Case
While no two cases are identical, most personal injury claims in Texas follow this basic timeline:
- Medical Treatment and Recovery (Weeks to Months)
Your health comes first. After an accident, it’s critical to seek medical attention and follow your doctor’s treatment plan. In many cases, your attorney will wait until you’ve reached maximum medical improvement (MMI) before calculating your damages. This ensures your settlement reflects the full extent of your injuries—not just your initial medical bills.
- Investigation and Evidence Gathering (2–6 Weeks)
While you focus on healing, your attorney will:
- Investigate the accident
- Gather police reports and medical records
- Interview witnesses
- Collect photos, video footage, or physical evidence
- Review insurance policies
- Consult with experts, if needed
This step lays the foundation for the entire case.
- Demand Letter and Negotiation (1–3 Months)
Once you’ve recovered (or reached MMI), your attorney will prepare a demand letter outlining:
- The facts of the accident
- The other party’s liability
- A full list of damages (medical costs, lost wages, pain and suffering, etc.)
- A specific monetary demand
This is sent to the at-fault party’s insurance company. Negotiations usually begin after this, and many cases settle during this phase.
- Filing a Lawsuit (If Necessary)
If the insurance company denies your claim or offers a lowball settlement, your attorney may recommend filing a formal lawsuit. This doesn’t mean you’re going to trial—it simply starts the litigation process, which puts pressure on the other side to negotiate seriously.
From this point forward, the timeline can extend depending on court schedules, legal motions, and the complexity of your case.
- Discovery Phase (6–12 Months)
Both sides exchange information and evidence during discovery. This includes:
- Written questions (interrogatories)
- Document requests
- Depositions (sworn testimony under oath)
- Medical exams (requested by the defense)
This phase is often the longest—but also the most crucial. Many cases settle once both sides see the strength (or weakness) of the evidence.
- Mediation or Settlement Talks (Ongoing)
At any point during litigation, your attorney can negotiate with the opposing party. In fact, courts often require mediation before setting a trial date. Many cases resolve during this stage—often right before trial.
- Trial (If Necessary)
If a fair settlement can’t be reached, your case will go to trial. Personal injury trials in Texas usually last anywhere from a few days to a couple of weeks, depending on complexity.
Most personal injury cases do not go to trial—but if yours does, Mahdavi Law Firm will be fully prepared to present a strong case before a judge and jury.
What Can Affect the Length of a Personal Injury Case?
Several key factors can influence how long your case takes:
- Severity of Your Injuries
The more serious your injuries, the longer it may take to reach full recovery—or to assess future care needs. You don’t want to settle your claim while you’re still undergoing treatment, or you risk leaving money on the table.
- Disputes Over Liability
If the other party denies responsibility or tries to blame you, it can prolong negotiations. Texas uses a modified comparative fault system, so fault matters a lot—especially if you’re being accused of being more than 50% responsible.
- Insurance Company Tactics
Some insurers act in good faith. Others delay, deny, or drag things out hoping you’ll accept less. Having a tough attorney on your side helps push past these delay tactics.
- Whether a Lawsuit Is Filed
Filing a lawsuit usually extends the timeline, but sometimes it’s the only way to get full and fair compensation—especially in high-value or contested cases.
- Court Backlogs and Scheduling
Even after filing, court availability plays a role. Some jurisdictions are busier than others, and your trial date may be months out.
Should I Settle Early to Get Paid Faster?
It’s tempting to accept the first settlement offer—especially when medical bills are piling up or you’ve missed work. But settling too soon can cost you in the long run.
Early settlement offers often don’t include:
- Future medical expenses
- Lost earning potential
- Long-term pain and suffering
- Disability or permanent limitations
At Mahdavi Law Firm, we help you evaluate whether a settlement offer is fair—and fight for more when it’s not.
What You Can Do to Speed Up the Process
While some delays are outside your control, here are a few things you can do to keep your case moving:
- Get medical treatment right away and follow through with all appointments
- Be honest and thorough with your attorney
- Gather and provide documents promptly
- Avoid posting about your accident or injuries on social media
- Stay patient and trust the process
Final Thoughts
So, how long does a personal injury case take in Texas? It depends. Some settle in a matter of weeks. Others may take a year or more. But no matter how long it takes, one thing is certain:
Having an experienced attorney makes a difference.
At Mahdavi Law Firm, we fight to get you the best possible outcome—while keeping your case on track, communicating clearly, and protecting your peace of mind.
Injured in an accident? Contact us today for a free consultation. You don’t pay unless we win.
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