How Long Does a Car Accident Lawsuit Take in Texas?
A car accident lawsuit in Texas can take anywhere from a few months to several years. Cases with minor injuries and clear liability typically settle in 3–6 months, while those involving severe injuries, disputed fault, or a trial can take 1–3 years or longer. While every case is different, knowing what affects the length of a lawsuit can help accident victims prepare for what lies ahead and take steps to move their case forward. An experienced car accident attorney can take the right steps early to prevent avoidable delays and keep the case moving efficiently.
Factors That Influence Car Accident Lawsuit Length
Injury Severity and Medical Treatment
The extent of injuries plays a major role in how long a case takes. Settlements require a clear understanding of medical costs, future care, and recovery time, which can delay resolution.
- Minor injuries generally result in faster settlements, typically within three to six months, since treatment is short-term and damages are easier to calculate.
- Severe injuries that require surgeries, rehabilitation, or long-term care can extend a case beyond a year. Settlement negotiations may be delayed until the full impact of the injuries is known, including future medical expenses and lost earning potential.
Liability Disputes and Insurance Tactics
Cases settle faster when fault is clear and undisputed. If the at-fault driver accepts responsibility and there is strong supporting evidence, negotiations tend to move quickly.
When liability is contested, the process becomes more complex:
- If the at-fault driver denies responsibility or multiple parties are involved, additional evidence may be needed, such as accident reconstruction reports, surveillance footage, or witness statements. Gathering and analyzing this information can add months to the case.
- Insurance companies may stall claims by offering low settlements, demanding excessive documentation, or disputing medical treatment.
Delay tactics can push injured parties into long, drawn-out legal battles, especially when a lawsuit is the only way to pursue full compensation.
Settlement vs. Trial
Most car accident cases settle out of court, typically within a few months to a year. When liability is clear and both parties are willing to negotiate, settlements can happen relatively quickly.
If the insurance company refuses to offer a reasonable settlement, a lawsuit may be the only option. Once a case enters litigation, the timeline can stretch significantly as court scheduling, depositions, and expert witness testimony add to the process.
A case that goes to trial can take one to three years or longer, depending on the complexity of the evidence, legal motions, and the court’s availability. While trials can lead to higher compensation, they require more time, preparation, and uncertainty compared to settlements.
Typical Timeframes for Car Accident Lawsuits in Texas
Fast-Track Settlements (3–6 Months)
Cases resolve quickly, typically within three to six months, when:
- Injuries are minor and require minimal medical treatment.
- Liability is clear, with strong evidence showing fault and the resulting losses.
- The insurance company is cooperative and offers a fair settlement without unnecessary delays.
When all these factors align, negotiations can move smoothly, and a settlement can be reached in a matter of months.
Moderate Delays (6–18 Months)
Moderate delays occur when:
- Liability is disputed, requiring additional investigation and evidence.
- Injuries are more severe, with long-term medical treatment or ongoing rehabilitation.
- The insurance company is uncooperative, using delay tactics or making low settlement offers.
Cases like this require more back-and-forth negotiations, and if the insurance company refuses to settle, a lawsuit may become necessary.
Cases That Go to Trial (1–3+ Years)
When a case cannot be settled out of court, the timeline extends significantly. Trials typically take one to three years or longer because of:
- Court scheduling delays, as dockets can be backed up for months.
- The lengthy discovery process, including depositions and expert witness testimony.
- Additional legal motions and hearings before the trial even begins.
While trials can sometimes result in higher compensation, they require significantly more time and resources compared to settlements. Every case is different and can experience factors that take it outside of typical timeframes.
Texas Statute of Limitations for Car Accident Lawsuits
Deadline to File a Lawsuit
Under Texas Civil Practice and Remedies Code § 16.003, car accident victims have two years from the date of the accident to file a lawsuit. Failing to file within this timeframe usually results in losing the right to seek compensation.
Exceptions That May Extend the Deadline
In certain situations, the statute of limitations may be extended:
- Minors and those who are legally incapacitated may have additional time to file once they reach legal capacity.
- If the at-fault driver leaves Texas, the clock may pause until they return to the state.
Because these exceptions can affect how long someone has to file, speaking with an attorney early can help avoid missed deadlines.
How to Avoid Delays in a Car Accident Lawsuit
Get Medical Treatment Immediately
Seeking medical attention right away creates a clear record of injuries and makes it harder for insurance companies to dispute claims. Delaying treatment can give insurers an excuse to argue that injuries were unrelated to the accident or not as severe as claimed.
Gather and Preserve Evidence
Having well-documented proof of what happened and the impact of the accident makes it harder for insurers to dispute liability or downplay losses. Examples of evidence:
- Police reports, accident scene photos, surveillance footage, and witness statements to establish liability.
- Medical records, bills, and proof of lost income to demonstrate the full extent of damages.
Keeping detailed records from the beginning gives us the best chance of proving that there was negligence and that it directly led to the harm caused.
Work with an Experienced Car Accident Attorney
An attorney moves your case forward by securing key evidence, negotiating with insurers, and keeping filings on schedule. Missed deadlines or incomplete paperwork give insurers room to stall or push for lower settlements. Without experienced representation, you may face a tougher fight and a higher risk of delays that can drag out the process.
Strategies to Keep a Car Accident Case Moving
While some delays are unavoidable, certain legal strategies can help prevent unnecessary setbacks and move a case forward faster.
Alternative Dispute Resolution (ADR) and Settlement Strategies
In some cases, disputes can be resolved without waiting for a trial:
Mediation and arbitration allow both sides to negotiate with the help of a neutral third party, which can lead to a faster resolution.
Well-prepared demand letters with strong supporting evidence, such as expert medical opinions or accident reconstructions, can push insurers toward fair offers early in the process.
Structured settlements may be an option for cases with high damages, allowing plaintiffs to receive payments over time rather than waiting for a lump sum verdict.
Using Medical Liens to Avoid Delays
For injured victims without immediate funds for treatment, medical liens can help:
Letters of protection (LOPs) allow patients to receive treatment with payment deferred until the case settles.
Third-party lien companies may cover medical costs upfront, removing financial barriers to care and keeping the case on track.
Court Backlogs and How to Navigate Them
When a case heads to trial, court schedules can cause further delays:
- Some Texas courts have significant backlogs, leading to trial dates being pushed months or even years out.
- Attorneys can request preferential trial settings in cases involving financial hardship or severe injuries.
- Judicial settlement conferences offer an opportunity for a judge to facilitate negotiations, sometimes resulting in a faster resolution.
Keeping Your Case on Track
Some car accident lawsuits settle in months, while others take years. The right approach—documenting injuries, responding quickly to insurer requests, and working with a skilled attorney—can prevent unnecessary delays and keep the case moving forward.
If you’ve been in a car accident, Loewy Law Firm can help you fight for full compensation without delays that insurance companies try to impose. Call (512) 280-0800 for a free consultation.