Filing a personal injury lawsuit is no small decision. Along with raising questions, personal injury cases can open up new anxieties, unknowns, and risks. That can, understandably, make injured people and families apprehensive about the next steps — but getting some answers and knowing what to expect can reduce stress, provide clarity, and set the stage for more informed decisions going forward.
- How Will Filing a Personal Injury Lawsuit Affect My Everyday Life?
- How Long Does a Lawsuit Take?
- How Much of My Time Will a Lawsuit Take?
- What Information Comes Out During Personal Injury Lawsuits?
- Will I Have to Go to Court?
- How Do I Know What Is Happening With My Case?
- What Does “Compensation” Mean in a Personal Injury Lawsuit?
- Can My Attorney Tell Me What My Claim Is Worth?
- Is It Ever Too Late to Bring a Personal Injury Claim?
The following answers share key insights about how these cases work in the Lone Star State and, in turn, whether filing a claim may be an option for you. For more answers specific to your case in a confidential setting, simply reach out to an experienced personal injury attorney in Houston or your area.
How Will Filing a Personal Injury Lawsuit Affect My Everyday Life?
Filing a personal injury lawsuit can affect your everyday life in both expected and subtle ways, but it doesn’t have to take over your entire world.
As you get started with a claim, you may spend time:
- Gathering documentation
- Visiting doctors and/or other medical professionals
- Speaking with your attorney and their support staff
- Preparing and/or sitting for depositions
You may also be instructed to follow all doctors’ orders and limit what you post on social media to avoid giving the defense any ‘ammo’ to use against you in a future claim. These preliminary steps and precautions can create a strong foundation for a claim, especially if you have an experienced legal team in your corner:
- Guiding you on what’s needed and happening next
- Routinely communicating updates with you
- Handling all the heavy lifting and administrative work to file your case and conduct discovery
- That support can be invaluable, especially when physical injuries and real losses turn life upside down.
Still, it’s essential to acknowledge that for some, these cases may be emotionally draining or financially stressful at times, especially if plaintiffs lose breadwinners and/or their recovery depends on the compensation from these claims. Nevertheless:
- Preparation and support can go a long way toward minimizing any stresses from the process.
- Filing a claim won’t upend your life like a catastrophic injury or life-threatening event.
- Personal injury lawsuits can be a tool for justice and accountability while helping you move forward with the compensation you may need to heal.
How Long Does a Lawsuit Take?
No two personal injury lawsuits are 100% identical, so there’s no set timeframe for these claims to be resolved. Instead, the complexities of a case — as well as liability, the nature of the injuries, and several other factors — can impact timelines and how long it all takes.
Generally, however, personal injury lawsuits in Texas tend to take anywhere from ~12 months to 3 years. That covers the time to:
- Investigate and initiate a claim
- Conduct discovery
- Negotiate with opposing parties or insurance companies
- Move through the court process (if or as needed)
The process may feel slow or drawn out, especially for those eager to find closure and move on from a painful chapter. But adjusting expectations early—and recognizing that justice often takes time—can ease frustrations and bring greater peace of mind at every stage.
How Much of My Time Will a Lawsuit Take?
Every case is different, but most personal injury lawsuits typically unfold gradually, allowing you to focus on your recovery while the legal work is managed for you. With that, you can usually expect to:
- Be more involved in the early stages: You’ll likely play a crucial role in helping to gather vital evidence and information.
- Have plenty of time for medical care: Filing a personal injury lawsuit won’t interfere with your treatments or the care you may need to recover.
- Participate from time to time once your case is underway: If you retain an experienced personal injury attorney, they’ll take care of as much as possible behind the scenes, looping you in as necessary to advance your claim to the next steps. As that occurs, you may be asked to take part in a deposition, an independent medical exam, and/or various proceedings.
After that, the time you need to spend on your personal injury lawsuit will depend on whether:
- The case settles out of court: Attorneys can handle settlement talks for you. That can mean a relatively minimal time commitment on your part.
- The claim goes to trial: Your lawyer can take the lead here as well, but you may need to be involved in certain aspects of trial preparations and the proceedings themselves. If this occurs, your attorney can help you prepare, so you’re never left guessing.
Ultimately, the best personal injury attorneys will respect your time, minimize the disruptions to your life, and handle the legal heavy lifting, so you can focus on recovering.
What Information Comes Out During Personal Injury Lawsuits?
Expect significant disclosure. The truth is personal injury lawsuits often share more information than people anticipate. That could include details about (but not limited to):
- The accident
- Your medical history
- Your employment records
- Social media activity
- Private correspondence
- Lifestyle habits and your personal life
- Anything related to the physical, emotional, and/or financial damages associated with the case.
As invasive as that may feel, please be aware that:
- Personal injury lawsuits are NOT focused on invading your privacy.
- Sharing the facts and evidence of the case can be pivotal to establishing fault and setting claims up for successful resolutions.
- While a lot of information can be shared in claims, it’s a two-way street that can—and often does—work against defendants in these cases.
- You can talk to your attorney about anything that feels overly probing or out of bounds.
In addition to working on your case, your lawyer can safeguard your rights and protect your privacy through the process, so that only relevant, legally appropriate information is disclosed.
Will I Have to Go to Court?
Maybe, but probably not. You’ll end up in court if your personal injury lawsuit goes to trial, but most don’t. The vast majority of cases settle out of court. If that’s the case for you, you could end up with a resolution and compensation without ever walking into a courtroom.
Alternatively, if it’s not possible to work out a fair settlement out of court:
- Your personal injury lawsuit will likely move to trial.
- A judge and jury will make the final decisions regarding fault and compensation.
- You should expect to spend some time in court, and an attorney can help you get ready for your role in a trial.
How Do I Know What Is Happening With My Case?
A seasoned personal injury lawyer will typically let you know what’s happening, with:
- Regular updates throughout your case: An attorney may establish weekly or monthly points of contact to share the latest happenings, especially as a case gets underway or when trial may be on the horizon.
- Notifications of key milestones: These could include specific filings, deadlines, mediation dates, settlement talks, and (if necessary) trial dates.
Along with that, good personal injury attorneys always welcome questions and invite their clients to reach out for answers or updates at any point during their case.
What Does “Compensation” Mean in a Personal Injury Lawsuit?
Compensation means money awarded to make you “whole” again after someone else’s negligence has harmed you. To do that, personal injury compensation may include financial awards to cover:
- Economic damages, like medical bills, lost earnings, and property damage
- Non-economic damages, such as pain, suffering, and loss of consortium
- Past and future losses, with future damages based on several factors
As such, compensation for personal injury lawsuits will vary from case to case. Determining what’s fair can be a complex endeavor best suited for a personal injury attorney.
How Does a Personal Injury Settlement Work?
The ins and outs of personal injury settlements can look a lot different from one case to the next. Boiling it down to key components, here’s a basic look at how these settlements work in Texas:
- Your attorney investigates your claim, gathers evidence, and calculates the value of the case.
- Your lawyer may send a demand letter to the opposing party or their insurer, explaining what happened, why the other party is at fault, and the amount requested to settle the case.
- The opposing party may take time to conduct their own investigations and assess their options, as well as the strength of their position.
- Negotiations may get underway, with both sides coming to the table to see if an out-of-court settlement is possible.
- If an agreement is reached, a formal settlement agreement will be drawn up, specifying the amount, any terms of the agreement, and the timeline for payment. These agreements also usually require plaintiffs to waive their right to pursue further legal action related to the injuries in this case.
A fair settlement should cover more than just immediate expenses, providing for long-term treatment needs, future losses, and lifelong pain and suffering.
Can My Attorney Tell Me What My Claim Is Worth?
An experienced lawyer can give you an idea of what your claim is worth after reviewing the facts of the case and possibly conducting further investigations.
Instead of pulling numbers out of thin air or rushing to cycle cases, top-notch personal injury attorneys will focus on:
- Understanding liability
- Pinpointing all relevant damages
- Crunch the numbers to determine future costs
- Analyzing the impacts to your quality of life
- Dialing in a fair number to fully compensate you for your losses and suffering
That may take more than a phone call, and it can be priceless in the long run, particularly when it comes to strong positioning in settlement talks.
Is It Ever Too Late to Bring a Personal Injury Claim?
Yes. There’s a shelf-life to every personal injury case, meaning that:
- There are deadlines for filing personal injury lawsuits in Texas: These statutes of limitations are set by Texas law, and they can vary, depending on the type of accident, the defendants involved, and other factors.
- If you miss the filing deadline, your claim can be dismissed: In other words, you can lose the chance to pursue a personal injury lawsuit if you bring your claim too late (because the statute of limitations has passed).
Generally, the statute of limitations for personal injury lawsuits in Texas is two years from the date of the injury-causing event (or the date on which the injuries are discovered).
With that, it’s crucial to know that:
- There’s no real benefit in dragging your feet to file a personal injury case.
- Waiting until the last minute to file could create new potential challenges.
- The sooner you contact an experienced attorney, the better chances you may have of successful outcomes that result in full, fair compensation.
Knowledge Can Be a Key First Step in the Personal Injury Lawsuit Process
Understanding the reality of a personal injury lawsuit can start to put the pieces of a puzzling situation together. That can highlight more considerations, new options, and next steps in the journey to closure, justice, and peace. So can an experienced personal injury attorney in a no-cost, no-obligation consultation.