How Long Does a Texas Personal Injury Case Take?

When you’re involved in a personal injury accident in Texas, one of the first questions you might ask is, “How long will my case take?” Unfortunately, there’s no straightforward answer because each case is unique. However, by understanding the various stages of a claim and the factors that can influence its duration, you can gain a better sense of what to expect.

Typical Timeline for a Texas Personal Injury Case

Initial Investigation and Medical Treatment: 1-3 months

After the accident, you’ll receive medical treatment and your attorney will begin investigating your case. This includes gathering evidence, reviewing medical records, and assessing the extent of your injuries.

Settlement Negotiations: 3-6 months

If liability is clear and your injuries have stabilized, your attorney may attempt to negotiate a settlement with the insurance company. This phase can take several months, depending on the complexity of the case and the willingness of the insurer to offer a fair settlement.

Filing a Lawsuit: 1-2 months

If negotiations fail, your attorney will file a lawsuit on your behalf. This initiates the formal legal process.

Discovery Phase: 6 months to 1 year

During discovery, both sides exchange information, depose witnesses, and gather evidence. This phase can be lengthy, especially if there are disputes over the evidence.

Mediation/Settlement Discussions: Ongoing

Even after a lawsuit is filed, settlement negotiations often continue. Many cases are resolved during mediation, which can occur at any time during the litigation process.

Trial: 1 day to several weeks

If the case goes to trial, the actual court proceedings can take anywhere from a day to several weeks. The time it takes to reach a verdict will depend on the complexity of the case and the court’s schedule.

Post-Trial Motions and Appeals: Varies

After a trial, there may be post-trial motions or appeals, which can further extend the timeline. This phase can add several months to a year or more, depending on the circumstances.

Key Factors That Affect the Timeline

There are several factors that can delay your case’s resolution:

• Severity of Injuries: The severity of your injuries plays a significant role in the timeline of your case. More serious injuries may require extensive medical treatment, and your attorney will likely wait until you’ve reached maximum medical improvement (MMI) before pursuing a final settlement to ensure that all current and future medical expenses are accounted for.
• Liability Disputes: If there is a dispute over who is at fault for the accident, the case may take longer to resolve. Gathering evidence, such as witness statements, accident reports, and expert testimonies, to establish liability can be time-consuming.
• Complexity of the Case: Some cases are more complex than others, involving multiple parties, intricate legal issues, or extensive investigations. Cases involving product liability, medical malpractice, or commercial vehicle accidents, for example, often take longer.
• Insurance Company Negotiations: Insurance companies often try to settle claims quickly, but not always for a fair amount. If your attorney feels that the initial settlement offer is too low, they may enter into prolonged negotiations to secure a better outcome for you. This negotiation phase can extend the timeline by weeks or even months.
• Litigation Process: If your case cannot be settled through negotiations, it may proceed to litigation. The discovery phase alone can take several months to a year or more, depending on the complexity of the case.
• Court Schedules and Trial: The court system in Texas can be backlogged, which may delay hearings, motions, and trial dates. If your case goes to trial, the duration will depend on the court’s calendar, the length of the trial, and the time it takes for a verdict to be reached.

Working closely with an experienced Waco personal injury attorney can help you speed up and navigate the process more effectively.