What to Expect in a Texas Personal Injury Lawsuit

What to Expect During a Personal Injury Lawsuit in San Angelo, Texas

A personal injury lawsuit in Texas follows a defined sequence of stages, from the initial investigation through discovery, mediation, and potentially trial. Most cases settle before reaching a jury, but understanding the full process helps injured people make informed decisions at every stage. The process begins with a two-year filing deadline that starts running on the date of injury, and missing it means losing the right to compensation entirely.

Before a Lawsuit Is Filed: Investigation and the Demand Phase

Most personal injury cases in Texas do not begin with a lawsuit. They begin with an investigation. An attorney reviews the facts of the incident, gathers evidence, obtains police and medical records, and consults with experts when needed to evaluate the strength of the claim and the full extent of the damages. This phase is often conducted while the injured person is still receiving medical treatment, because the value of a claim depends heavily on understanding the full scope of the injury, not just what is known in the first weeks after the accident.

Once treatment has concluded or the injury has stabilized, the attorney typically sends a demand letter to the at-fault party’s insurance company. This letter sets out the facts of the case, identifies the legal basis for liability, and states the amount of compensation being sought. The insurer then has an opportunity to respond. In many straightforward cases, this phase produces a settlement without any court filing.

When the insurer denies the claim, offers an amount that does not fairly reflect the damages, or disputes liability, the next step is to file a lawsuit. That decision must happen within the time allowed by Texas law.

The Two-Year Filing Deadline Under Texas Law

Texas imposes a strict deadline for filing personal injury lawsuits. Under Texas Civil Practice and Remedies Code Section 16.003, a person injured by another’s negligence must file their lawsuit within two years of the date the cause of action accrued, which in most cases is the date of the injury itself.

This deadline applies regardless of whether settlement negotiations are ongoing, regardless of whether the insurer promises to resolve the matter, and regardless of the severity of the injury. Courts enforce the deadline strictly, and a case filed even one day late will almost certainly be dismissed. Limited exceptions exist for minors, persons under legal disability, and cases governed by the discovery rule, but they are narrow and should never be assumed to apply without legal analysis.

Negotiations Do Not Stop the Clock

Many injured people lose their right to sue because they believe that ongoing insurance negotiations extend the filing deadline. They do not. The two-year clock runs independently of settlement discussions. If negotiations fail and the deadline has passed, no lawsuit can be filed.

Filing the Lawsuit and Serving the Defendant

A Texas personal injury lawsuit begins with the filing of a petition in the appropriate district or county court. The petition identifies the parties, states the facts of the case, articulates the legal theory of liability, and states what damages are being sought. The defendant must then be formally served with citation and a copy of the petition through a process server or constable. Under Texas law, service must be completed with diligence, and delays in serving the defendant after filing can create limitations problems.

Once served, the defendant has a set period to file an answer. The case is then formally in litigation, and both sides begin the process of building their evidentiary record through discovery.

Discovery: Where Cases Are Won or Lost

Discovery is the formal exchange of information between the parties under the Texas Rules of Civil Procedure. It is the phase where each side gathers the evidence they need to prove their case or defend against it. Texas discovery rules are governed by Rules 192 through 199 of the Texas Rules of Civil Procedure and allow for several types of information exchange.

Written interrogatories are questions submitted to the opposing party that must be answered under oath. Requests for production require the other side to provide documents, records, photographs, and electronically stored information relevant to the case. Requests for admission ask the opposing party to confirm or deny specific facts, narrowing the issues that must be proven at trial.

Depositions are oral examinations conducted under oath before a court reporter. In a personal injury case, the injured party, the defendant, eyewitnesses, and medical experts may all be deposed. Deposition testimony is used to lock in what each witness says, and any inconsistency between deposition testimony and trial testimony is fair game for cross-examination. Discovery typically runs for six to twelve months after a lawsuit is filed, depending on the complexity of the case.

Mediation: The Required Settlement Process

Texas courts routinely order the parties to participate in mediation before a case proceeds to trial. Mediation is a confidential process in which a neutral third-party mediator facilitates settlement discussions. The mediator does not decide the case and cannot force either side to settle. The goal is to create a structured environment where the parties can realistically assess the risks of trial and arrive at a resolution that avoids it.

A substantial majority of Texas personal injury cases that survive discovery settle at or before mediation. The process typically takes one day. Mediation is confidential under Texas law, and statements made during it cannot be used as evidence if the case proceeds to trial. If mediation succeeds, the parties sign a binding settlement agreement on the day of the session. If it fails, the case moves toward trial.

Trial and How Texas Fault Rules Affect Your Recovery

Cases that do not settle proceed to trial before a judge or jury. The jury hears opening statements, fact witness testimony, expert witness testimony, and closing arguments before deliberating. In a Texas personal injury trial, the jury is asked to answer specific questions about liability, causation, and the value of the damages. Personal injury trials typically run from three to seven days.

Texas uses a modified comparative negligence system under Chapter 33 of the Texas Civil Practice and Remedies Code. Under this system, the jury assigns a percentage of fault to each party. A plaintiff who is found 50 percent or less responsible for the accident may still recover damages, but the award is reduced by their percentage of fault. A plaintiff found 51 percent or more at fault recovers nothing. This rule makes the fight over fault percentages one of the most important strategic battles in any Texas personal injury case.

The damages available in a Texas personal injury case fall into two categories.

• Economic damages cover quantifiable financial losses including past and future medical expenses, lost wages, lost earning capacity, and property damage.
• Non-economic damages cover pain and suffering, mental anguish, physical impairment, and disfigurement.

In most personal injury cases, Texas does not cap either category, though separate rules govern medical malpractice claims and government entity defendants.

Injured in Texas? Webb, Stokes & Sparks Is Ready to Help.

At Webb, Stokes & Sparks, our personal injury attorneys have represented injured Texans in San Angelo and across the region for decades. We handle every stage of the process, from the initial demand through trial, and we fight the fault allocation battles that determine how much our clients recover.