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After an Accident

How long does a personal injury case take in Texas?

Accidents Suck. Lawyer Up.

It depends on your medical treatment and whether the insurer negotiates in good faith. Many cases resolve within several months once you finish treating and the full extent of your injuries is known; cases that require a lawsuit take longer. Settling too early — before you know if you need future care — is one of the most expensive mistakes an injured person can make. A good lawyer moves efficiently but won't rush you into a lowball settlement.

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The honest answer: it depends on your medical treatment

Most of the variation is not lawyering. It is medicine.

A case should not be valued until you reach what doctors call maximum medical improvement — the point where you have either recovered or your condition has stabilized enough to predict what you will need going forward. Settle before that and you are guessing at the largest number in your own case, and the release is permanent.

So a soft-tissue injury that resolves in three months of therapy produces a much shorter case than a back injury that leads to injections and then a surgical consult. That is not delay. That is the case being valued honestly.

Roughly what to expect

Treatment phase. However long it takes. Weeks for minor injuries, many months for serious ones. We work during this period — gathering records, investigating fault, locating every policy — but we do not demand yet.

Demand and negotiation. Once treatment is complete, the records and bills are assembled into a demand. Insurers typically take several weeks to respond, and there is usually back-and-forth. Many cases resolve here.

If suit is filed. Filing adds a year or more. Discovery, depositions, expert reports and mediation all take time, and court schedules are not fast — Harris County is one of the busiest civil dockets in the country. Most cases still settle, often at mediation, but the timeline lengthens considerably.

What actually slows a case down

Gaps in treatment. If you stop going for six weeks and resume, the insurer argues you recovered and something else caused the later problem. That argument takes time to answer and costs money to overcome.

Disputed fault. When liability is contested, evidence has to be developed — reconstruction, vehicle data, witnesses — before anyone can talk about value.

Multiple parties or policies. A truck case with a carrier, a broker and a trailer owner has more insurers to satisfy than a two-car collision.

Liens. Health insurers, Medicare, Medicaid and medical providers may all have reimbursement rights, and those get negotiated before you are paid. It is real work and it happens at the end.

An insurer that simply will not pay. Sometimes the only way to move a claim is to file suit and show you will try it.

The deadline that does not move

Most Texas injury suits must be filed within two years. Claims involving a government entity require notice far sooner — the City of Houston requires notarized written notice within 90 days. Negotiating does not pause either clock, and insurers are under no obligation to remind you.

Faster is not always better

An insurer that offers to close your file in three weeks is not doing you a favor. Early offers arrive precisely because nobody yet knows what your treatment will cost, and that uncertainty is worth money to them. The fastest possible case and the best possible case are rarely the same case.

Authority: Tex. Civ. Prac. & Rem. Code § 16.003

What to do

Your next steps

Do not rush

Finish treating before valuing

A number set before your prognosis is known is a guess, and the release is permanent.

Protect the timeline

No gaps in treatment

Gaps become the insurer's argument and add months to overcoming it.

Early

Identify every deadline

Two years to file, far less if a government entity is involved.

At the end

Expect lien negotiation

Health insurers and providers get resolved before you are paid. It is worth doing properly.

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