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Updated & Reviewed by
C.J. Baker -
August 5, 2026
Personal injury claims in Texas can take anywhere from a few months to several years to resolve. Although many cases may settle within one to two years, there is no standard timeline, and the length of a case depends on the injuries, the available evidence, whether liability is disputed, the number of parties involved, and whether a lawsuit must be filed.
A claim involving clear liability, documented damages, and no significant disputes may settle within six months. When injuries are serious or ongoing, it may take longer to understand the person’s prognosis, future medical needs, and the full extent of their damages. If liability is disputed, multiple parties are involved, or the case proceeds through litigation, resolution may take eighteen months to several years. After a settlement is reached, additional time may also be required to complete the paperwork and resolve medical liens or other claims before the client receives the settlement check.
Since the timeline for a given personal injury lawsuit varies, we put together some examples so you can gain a better understanding of the factors at play and how long to expect a claim to take.
Not every case goes through every step below. A straightforward case with clear fault often resolves early on through negotiation and never reaches the actual filing of a lawsuit, discovery, or trial. But a disputed or more complex case is more likely to move through most, if not all, of the phases below.
Here is how long it takes a typical Texas personal injury lawsuit to unfold:
Intake is where the whole process starts. You meet with an attorney, go over what happened, send over relevant documents, and then you sign a retainer agreement.
From there, your lawyer starts gathering evidence to build off of the initial documents provided. This typically includes police reports, photos, witness information, and anything else that could disappear or get harder to find over time.
All together, intake and case review only takes a few days.
The first real step in any personal injury claim is for your attorney to send a demand letter. This is a letter that lays out what happened, your injuries, your medical bills, your lost income, and then demands the amount you are asking for in compensation.
It’s important to note that your attorney will not send a demand letter until you have finished your medical treatment, or at least reached what doctors call Maximum Medical Improvement (“MMI.”) The MMI is the point where your recovery has leveled off and your doctor has a clear picture of your ongoing needs. This helps establish a clear dollar amount for medical expenses (past and future) which will be used to calculate the demand amount. Once you reach MMI, your lawyer usually compiles all of the damages and prepares a demand letter which generally only takes a few days.
At this stage in the process, the bulk of the time is not in the actual writing of the demand letter, rather the negotiations that follow. Once the insurance company receives the demand letter, they will have to review the information and determine if they want to negotiate (they will almost always want to negotiate). This then leads to a series of negotiations between the insurance company and your attorney to find a figure they can both agree on. If they cannot agree on a figure, your attorney will file a personal injury lawsuit.
One important consideration to make when choosing a personal injury lawyer is what their reputation is. Insurance companies know which firms are known for taking cases to trial, and which ones are likely to settle. Firms known for settling will likely have a more difficult time in negotiations since there is not as much of a threat of going to court. Trial lawyers like the team at Armstrong Lee & Baker on the other hand, have a reputation for taking cases to court to secure the maximum possible settlement. This adds more teeth to demand letters and any negotiations that follow because insurance companies understand that they will likely end up in court if they cannot agree on a figure close to the initial demand amount.
It’s also important to note that once you accept a settlement, your case is closed for good. This means there is no chance to secure additional compensation, even if you find yourself needing more medical care than expected. This is why it is important to choose an experienced personal injury lawyer who can advise you on when to settle and when to take your case to court.
If the insurance company does not offer a fair amount, your attorney will file a lawsuit. This has to be done before the two-year deadline Texas law sets for personal injury claims. The good news is that filing a lawsuit does not mean your case is now guaranteed to take years. In fact, many cases settle after the suit is filed, once the other side sees that you are serious enough to go to court.
There are a few exceptions to the two year window set by the Texas Statute of Limitations for personal injury:
Once your lawsuit is filed, both sides enter into a process called “Discovery.” Discovery is the formal legal process of exchanging evidence and information. For a standard case, Texas court rules generally allow around nine months for this phase, though it can run shorter or longer depending on how complicated the case is.
Each side sends the other formal written questions about the case and what happened, as well as document requests. Texas rules generally give the other side about thirty days to respond to each round.
Medical records, employment records, accident reports, and other documents get exchanged throughout this stage, building the full record each side will use to evaluate the case. This is an ongoing process throughout Discovery.
Witnesses (including you), may be asked to answer the other attorney’s questions, under oath. Depositions are usually scheduled in the final months of discovery. But don’t worry, your attorney will prepare you in advance so nothing catches you off guard. These usually last no more than a day.
Once discovery wraps up, both sides usually know the strengths and weaknesses of the case, and that is why this is usually the moment when most lawsuits settle.
Settlement may happen as part of an ongoing negotiation between the lawyers, or it might result with the help of a neutral mediator in a single scheduled mediation session. Only a small share of personal injury cases ever actually go to trial. If yours does, a trial can take anywhere from a few days to a few weeks, depending on how complex it is.
If either side appeals the result of the trial, you can add another year or more to this timeline. That said, appeals are quite uncommon.
This is the part everyone actually wants to know: How long does it take to get a settlement check once you agree to a settlement? For most cases, the answer is only a month or two. You will sign a release, the insurance company will send payment to your attorney, and your law firm will handle the final paperwork and disbursement.
Texas law actually requires insurance companies to move fast once they agree to pay a claim (Insurance Code § 542.057.)
Adding it all up, most personal injury cases in Texas wrap up in under a year. Claims often settle at the negotiation stage, before a lawsuit ever gets filed, and many that do get filed still settle before trial.
The cases that run past a year are usually the ones with serious, still-developing injuries, disputed fault, or multiple parties involved. While they are not the norm, they are not rare either. If your case is straightforward, you are very likely on the faster end of this range. It’s generally best to consult your attorney for a more accurate timeline and how long it will take to receive your settlement check.
While a bulk of the process is out of your hands, there are a few things you can do to help keep things moving:
The best way to speed up a personal injury lawsuit is to consult an attorney as soon as possible. While every case is different, the sooner you can get a demand letter sent, the sooner you can start negotiations with insurance.
If you have been injured in an accident, your first priority should be getting the care you need. Since quality care is often tied to finances, your second priority should be hiring one of the experienced personal injury lawyers at Armstrong Lee & Baker. Not only will they get the ball rolling for your personal injury claim, but they will also be able to help negotiate with insurance to ensure you are getting the best possible care.
Contact our team today for a free consultation and learn more about what compensation is likely available for your situation.
C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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