A Texas personal injury lawsuit usually moves through eight stages. The injured person, called the plaintiff, files an original petition and serves the defendant. The defendant answers. Both sides exchange evidence in discovery and take depositions, then often try mediation. If the case does not settle, the court handles pretrial motions, and a judge or jury decides the case at trial.
Not every case follows every stage. Many personal injury disputes settle before trial, and a settlement can happen at any point, even before anyone files suit. The sections below explain what each stage involves so you know what to expect if your case heads to court.
If you are deciding whether to file, we offer a free consultation to review your deadline and options.
A Lawsuit Is Not the Same as an Insurance Claim
An insurance claim is a request for payment that goes to an insurance company. The adjuster investigates, reviews documents, and negotiates with you or your lawyer. No court is involved, and no judge or jury decides anything.
A lawsuit is a court case against the person or company that caused the injury. It follows court rules, set deadlines, and sworn testimony. Deciding whether to sue usually turns on available coverage, the strength of the liability evidence, and the insurer’s position. A Houston personal injury attorney can weigh those factors against the filing deadline.
The two tracks overlap. Settlement talks do not stop when a lawsuit begins. The question of whether an initial settlement offer is worth accepting can come up before and after filing. Many cases that start in court still end with a negotiated agreement.
Step 1: Filing the Original Petition
A civil lawsuit in a Texas district or county court begins when the plaintiff files a petition with the court clerk. The plaintiff usually files in a county with proper venue, often the county where the accident happened.
What the Petition Includes
The original petition names the parties, describes what happened, and explains why the defendant is legally responsible. It also states the damages the plaintiff seeks. Texas Rule 47 requires the petition to identify the range of monetary relief the plaintiff wants. That choice can affect which discovery rules apply later.
The Deadline to File
Texas generally gives injured people two years to file a personal injury lawsuit. Section 16.003 of the Civil Practice and Remedies Code sets that deadline. Wrongful death claims follow the same two-year limit, which starts on the date of death. Limited exceptions can change the timing, and claims against government entities may carry much shorter notice requirements. Missing the deadline can end a claim entirely, so the Texas statutes of limitations for personal injury claims deserve attention early.
Step 2: Serving the Defendant
Filing a petition does not notify the defendant. The clerk issues a citation, and someone must serve it on the defendant along with a copy of the petition. The plaintiff cannot serve the papers personally. Sheriffs, constables, and private process servers handle most service.
Under Rule 106, service generally means delivering the papers to the defendant in person or mailing them by registered or certified mail, return receipt requested. When a defendant dodges service, the court can authorize substituted service. The plaintiff must show where the defendant probably is and that earlier attempts failed. In some cases the court can approve email or social media if the method will reasonably give notice.
Timing matters here too. A plaintiff who files near the deadline still needs to pursue service diligently. Unexplained delays in serving the defendant can lead a court to treat the case as filed too late.
Step 3: The Defendant’s Answer
The defendant must file a written answer by 10:00 a.m. on the Monday after 20 days have passed since service, according to Texas Rule of Civil Procedure 99. A defendant who misses that deadline risks a default judgment.
Most answers deny the allegations and raise defenses. A defendant may argue the plaintiff shared fault, that someone else caused the accident, or that the injuries do not stem from the incident. When the defendant carries liability insurance, the insurer often hires and pays the defense lawyer. The insurer’s coverage and policy limits then shape much of the case strategy.
Step 4: Discovery
Discovery is the stage where each side obtains the other side’s evidence. It usually takes the most time. Texas assigns each case a discovery control plan under Rule 190, which sets limits on the process. Under the current discovery rules for cases filed on or after September 1, 2023, the main levels work like this:
- Level 1 applies to expedited actions, where the plaintiff pleads only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages, penalties, attorney fees, and costs. Discovery runs 180 days, and each party gets 20 hours of oral depositions and 15 interrogatories.
- Level 2 is the default. Each side gets 50 hours of depositions, and each party may serve 25 interrogatories. Discovery ends at the earlier of 30 days before trial or nine months after initial disclosures were due.
- Level 3 is a plan the judge tailors to a complex case.
Initial Disclosures and Written Discovery
Each party must make initial disclosures within 30 days after the defendant files the first answer or general appearance. The parties can agree to a different time, or the court can order one. Those disclosures cover core information such as people with knowledge of the case, damage calculations, and applicable insurance agreements.
The parties then serve written discovery. Interrogatories are written questions the other side must answer under oath. Requests for production seek documents, and requests for admission ask the other side to admit or deny specific facts. The plaintiff’s side often seeks accident reports, photos, company records, and insurance policies. The defense often seeks medical records and bills, prior injury history, and wage records. Subpoenas can also reach outside parties such as medical providers and employers.
Depositions
A deposition is sworn testimony given outside the courtroom and recorded by a court reporter. The defense almost always deposes the plaintiff. The plaintiff’s lawyers may depose the defendant, the defendant’s employees, and other witnesses. Answers need to match the medical records, earlier statements, and other evidence. Preparation before a deposition helps a plaintiff understand the format and the kinds of questions to expect.
Experts and Medical Examinations
Both sides may designate experts, such as treating physicians, accident reconstructionists, and economists. The opposing side can depose them. The defense can also ask the court to order a medical examination when the plaintiff’s physical condition is in dispute. Expert opinions on injury causation and future care often carry heavy weight in settlement talks and at trial.
Step 5: Mediation and Settlement Negotiations
Many Texas courts order or encourage mediation before trial. Under Chapter 154 of the Civil Practice and Remedies Code, a court may refer a pending case to alternative dispute resolution on its own motion or a party’s motion. A party who objects to the referral can file a written objection within 10 days of receiving notice.
A mediator is a neutral person who helps the parties communicate and explore settlement. The mediator cannot impose a decision. Communications during mediation are generally confidential. Either side can walk away without a deal, and the case then continues toward trial.
Insurers weigh liability evidence, medical documentation, and the cost of defending a case before they raise an offer. Joe Zaid spent nearly a decade working inside the insurance industry, so we build the case around those same factors from the start.
Settlement can also happen outside formal mediation, through direct negotiations at any stage. Timing varies widely, because how long it takes to settle a personal injury lawsuit depends on the injuries, the treatment, the evidence, and the court’s schedule.
Step 6: Pretrial Motions and Preparation
After discovery, the parties prepare for trial and may ask the judge to resolve parts of the case first. The defendant may file a motion for summary judgment, arguing the evidence does not raise a fact issue on an element such as negligence or causation. Either side may challenge the other’s expert testimony. Either side may also ask the court to limit what the jury hears through a motion in limine.
The court also holds pretrial conferences to address trial logistics, exhibits, witnesses, and deadlines. A party who wants a jury must file a written jury request and pay the jury fee on time under Rule 216. Otherwise a judge decides the case in a bench trial.
Step 7: Trial
A jury trial follows a set order. The lawyers question potential jurors in a process called voir dire. Each side gives an opening statement, and the plaintiff presents evidence first, including witnesses, records, and expert testimony. The defense then presents its evidence. After closing arguments, the judge gives the jury a charge, which contains the instructions and questions the jurors must answer.
The plaintiff generally must prove the case by a preponderance of the evidence. Jurors answer questions about negligence, causation, any percentages of responsibility, and damages. In district court, ten of twelve jurors must agree on each answer. Under Rule 292, an award of exemplary damages requires a unanimous jury.
Step 8: After the Verdict
After the verdict, the court signs a judgment. The losing side can file post-trial motions, such as a motion for new trial or a motion to modify the judgment. A party who wants to appeal generally must file a notice of appeal within 30 days after the judgment is signed. A timely post-judgment motion can extend that deadline to 90 days.
Insurance coverage also affects what happens after judgment. Policy limits can shape how and when a judgment gets paid, which is why coverage review starts early in our cases.
When It Makes Sense to Talk With a Lawyer
The filing deadline keeps running while an insurer negotiates, so waiting for an offer can use up time you need. Talking with a lawyer early leaves room to preserve evidence, document treatment, and decide whether filing suit makes sense. We handle personal injury cases on a contingency fee basis, so you owe no attorney fees unless we recover compensation. Contact Joe I. Zaid & Associates for a free consultation about your case.
