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When you’ve been injured due to someone else’s negligence, you’re likely facing mounting medical bills, missed work, and uncertainty about the future. One of the most common questions people ask is, “How long will this take?” While every case is unique, personal injury claims in Texas tend to follow a general timeline. Understanding the typical stages, common delays, and what’s expected of you at each step can help you feel more prepared and empowered throughout the process.
Scott Scherr at The Payne Law Group has guided countless clients in Texas through their personal injury claims. Below, we break down what you can expect from the moment you file a claim to the day your case is resolved.
Immediate Aftermath of the Injury (Days to Weeks)
The first stage begins the moment the injury occurs. Your top priority should be to seek medical attention, even if your injuries seem minor at first. Medical records will be crucial to proving the extent of your injuries later.
During this time, you should also:
- Report the incident (to your employer, property owner, or law enforcement, depending on the circumstances)
- Document everything: photos of injuries and damage, witness names, and any official reports
- Avoid speaking to insurance adjusters without legal counsel
You should consult a personal injury attorney as soon as possible. Early legal guidance ensures evidence is preserved and your rights are protected.
Investigation and Demand Letter (One to Three Months)
Once you’ve hired an attorney, they will begin investigating your case. This involves:
- Gathering medical records and bills
- Reviewing police or accident reports
- Interviewing witnesses
- Determining liability and calculating damages
Once the facts are gathered and your medical condition stabilizes enough to understand the full scope of your injuries, your attorney will draft a demand letter. This letter outlines your injuries, damages, and a proposed settlement amount. It is sent to the insurance company or the at-fault party.
Settlement Negotiations (One to Six Months)
After receiving the demand letter, the insurance company will typically respond with a counteroffer. This begins the negotiation phase. In many cases, a fair settlement can be reached without the need for court proceedings. However, insurers often try to minimize payouts. Having experienced counsel, like Scott Scherr at The Payne Law Group, can make a major difference in how seriously your claim is taken and how well negotiations go.
If a reasonable settlement cannot be reached, the case may move to litigation.
Filing a Lawsuit (Within Two Years of Injury)
Texas law allows you two years from the date of your injury to file a personal injury lawsuit. If your case proceeds to litigation, the timeline becomes longer and more complex.
Filing a lawsuit initiates several additional steps:
- Pleadings: Both sides file initial documents (complaint, answer, motions).
- Discovery: Parties exchange evidence, conduct depositions, and gather expert testimony.
- Motions and Hearings: Attorneys may file motions to resolve or narrow issues before trial.
This phase can last six to 12 months or longer, depending on the court’s schedule and case complexity.
Mediation or Trial (One to Two Years After Filing)
Before trial, many courts require mediation—an effort to resolve the dispute without a judge or jury. If mediation fails, your case may proceed to trial.
Trial may last a few days to several weeks. Afterward, the court may take additional time to issue a decision, and either party could appeal, further extending the timeline.
Resolution and Payment (One to Three Months Post-Settlement or Verdict)
Once a settlement is reached or a verdict is rendered, it typically takes 30–90 days to finalize paperwork and disburse funds. Medical liens, attorney’s fees, and other expenses will be deducted before the final payment is made to you.
Potential Obstacles and Delays
- Incomplete medical treatment: Settlement may be delayed until you reach maximum medical improvement.
- Disputed liability: If fault is unclear, investigation and litigation may take longer.
- Multiple parties: Cases involving several defendants or large corporations are often more complex.
- Court backlogs: Texas courts, especially in busy counties, may have significant delays.
What You Can Do at Each Stage
- Stay engaged: Respond to your attorney’s communications and requests promptly.
- Follow medical advice: Keep all appointments and follow your treatment plan.
- Be patient: While it can be frustrating, rushing a settlement can mean leaving money on the table.
- Keep records: Save bills, receipts, and records of time missed from work.
Work with a Law Firm That Knows the System
Scott Scherr at The Payne Law Group understands how stressful and confusing the personal injury process can be. Our firm has decades of experience handling personal injury claims throughout Texas, and we know how to manage the legal system while advocating fiercely for your best outcome. From initial consultation to final resolution, we’re with you every step of the way.
If you or a loved one has been injured, contact us today for a free consultation. Let us help you understand your rights and build a strategy that gives you the best chance at full compensation.