Cuánto Tarda un Caso de Lesiones Personales en Texas

Medical Treatment and Maximum Medical Improvement

Before your attorney can accurately value your case, you need to reach a point in your treatment where your condition has stabilized. Doctors call this maximum medical improvement, or MMI. At MMI, your doctor can provide a clear picture of your long-term prognosis, any permanent impairments, and the future medical care you will need. Filing a claim or accepting a settlement before you reach MMI is risky because you may not yet know the full extent of your injuries and future treatment costs.

For minor injuries, MMI may be reached in a few weeks or months. For serious injuries requiring surgery and extended rehabilitation, reaching MMI can take six months to a year or longer.

Investigation and Evidence Gathering

While you are treating, your attorney will be investigating your case. This includes obtaining the police report, gathering medical records and bills, interviewing witnesses, collecting photographs and video evidence, and potentially hiring accident reconstruction experts. In truck accident cases or cases involving commercial entities, this phase may also include preserving electronic data, obtaining maintenance records, and reviewing federal compliance documents.

The Demand Package

Once you have reached MMI and your attorney has assembled all the evidence, a formal demand package is sent to the at-fault party's insurance company. This document details your injuries, treatment, economic losses, and pain and suffering, along with supporting evidence and a specific settlement demand. The insurance company then has a period to review the demand and respond with an offer.

Negotiation

After the demand is sent, the negotiation phase begins. Your attorney and the insurance adjuster will go back and forth with offers and counteroffers. This process can take anywhere from a few weeks to several months depending on the complexity of the case, the amount in dispute, and the insurance company's willingness to negotiate in good faith. Many cases settle during this phase without the need for a lawsuit.

Filing a Lawsuit and Litigation

If negotiations fail to produce a fair settlement, your attorney may recommend filing a lawsuit. Filing a lawsuit does not mean your case will go to trial. In fact, the majority of personal injury lawsuits still settle before trial. However, litigation adds significant time to the process. After the lawsuit is filed, the case enters a discovery phase where both sides exchange documents, take depositions, and disclose expert witnesses. Discovery alone can take six months to a year. Mediation, a structured settlement conference with a neutral mediator, is often required before a case can proceed to trial. If mediation fails, the case is set for trial, which may not occur for months after mediation depending on the court's schedule.

Trial

If your case goes to trial, it can last anywhere from a few days to several weeks depending on complexity. After the verdict, there may be post-trial motions or appeals that add additional time.