Timeline of a Personal Injury Lawsuit in Texas

Published August 5th, 2022 by Leo & Oginni Law Frim

How Long Does a Personal Injury Settlement Take?

When you are left injured after an accident with huge medical bills and the inability to return to work, you become anxious about the conclusion of your personal injury case. Things like how long it takes for the lawsuit to settle may take a toil on the injured person. Technically, you can settle the case in a few days, but it’s a rare scenario. Personal injury lawsuits may take months or even years to settle. On average, a personal injury lawsuit takes about two years to resolve. 


Additionally, depending on the accident's severity, you may need to go through different stages of the legal system, which will vary differently depending on the situation. 

Timeline of a Personal Injury Lawsuit


1. The Pre-Suit Process 

Filing a lawsuit is a serious decision, so you should not take it lightly. You must consider several things before filing a lawsuit against the defendant. It includes gathering evidence and witness statements, consulting with a personal injury attorney, and determining the damage you have suffered. 


personal injury lawyer in Texas can help you determine if you have a case and what damages you may be able to recover. They can also help you gather evidence, file a lawsuit, and calculate the damages you have suffered, such as medical expenses, lost wages, pain and suffering. 


2. Filing the Lawsuit 

Filing a lawsuit may be your best option if you have suffered serious injuries. You must incorporate the cost of your medical bills and the time you have missed from work. 


Not all lawyers are created equal, and it is important to find someone with experience with personal injury lawsuits. The length of a personal injury case may depend mainly on the nature of the claim, with a trial typically taking a couple of days or forty days. 


3. Defendants' Responses 

In a lawsuit, the defendants will have a certain amount of time to respond to the allegations filed in the lawsuit. Their response will outline their defense and potentially counter-claim against the plaintiff. A personal injury attorney can help you understand the process and what to expect from the other party. An experienced legal representative can greatly increase your chances of reaching a successful outcome. 


4. Discovery About the Case 

The discovery process is a key step in any personal injury lawsuit for unfamiliar people. It is where each side gathers information about the case and tries to build a strong argument. 


During discovery, each party can request documents, take depositions (interviews), and obtain other evidence. It is an important step for plaintiffs as it allows them to get concrete evidence of the defendant's negligence. 


In many cases, the plaintiffs can identify potential witnesses who can help their case and the defendants can also gather evidence to support their defense and try to weaken the plaintiff's case. The time involved in this stage depends on the jurisdiction. 


5. The Lawsuit Trial 

When an individual is injured as a result of the negligence of another, they may file a personal injury lawsuit to seek damages. If the case remains unsettled, it will go to trial in court. 


At this stage, the plaintiff and defendant present their case to the jury and provide evidence in their support. Then, the jury will deliberate and determine whether or not the defendant was negligent and, if so, what damages the plaintiff should receive. 

It can be a complex process, and it is important to have an experienced personal injury lawyer in Texas guiding you through it.  


If you incur any personal injuries in an accident, you must speak with an experienced personal injury lawyer as soon as possible. A personal injury lawyer in Texas will make you understand your rights and guide you through the legal process. In Texas, the average personal injury lawsuit takes about two years to resolve. 

Several factors can affect the length of a personal injury lawsuit in Texas, including the jurisdiction in which the case is filed and the number of damages sought. At Leo & Oginni Trial Lawyers PLLC, we are committed to serving our clients in the best way possible and within the least possible time.  

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