A few months for a straightforward claim after treatment ends, one to two years when a lawsuit is necessary. The single biggest factor is when your medical treatment is complete enough to know what the case is worth.
No responsible lawyer settles a claim before the injury is understood. Once a release is signed, later surgery, complications, and lost work cannot be added. So the clock starts when treatment ends or reaches a point where the future is predictable.
After that, a demand goes to the insurer with the records, and negotiation takes weeks to months. Many cases resolve there. If the insurer will not pay what the case is worth, suit is filed, and litigation in Harris County typically takes a year or more to trial, though most suits settle before then.
Things that slow a case: disputed fault, a serious injury still being treated, multiple insurers, a trucking company, or a UM/UIM claim against your own carrier. Things that speed it up: clear liability, complete records, and a lawyer who prepares the case as if it will be tried.
Owsley Law Firm does not rush a case to a low number or let one sit. Clients are told where it stands at every step.
Litigation in Texas follows a predictable sequence that affects timing. After a petition is filed and the defendant answers, discovery begins under the Texas Rules of Civil Procedure. Smaller claims of $250,000 or less can proceed as expedited actions under Rule 169, which streamlines discovery, while larger cases follow longer schedules. Most Harris County cases also go to mediation before trial, and many resolve there.
Two Texas doctrines pressure insurers to settle within policy limits. Under the Stowers doctrine, an insurer that unreasonably rejects a proper settlement demand within its limits can be liable for the entire judgment if the case is tried and the result exceeds the policy. A properly framed demand therefore has real leverage, which is one reason the timing and wording of a demand matter.
Prejudgment interest under Finance Code section 304.104 also rewards a written notice of claim, because it begins to accrue no later than 180 days after the defendant receives written notice or when suit is filed, whichever is earlier. That gives the insurer a reason not to let a case sit.
Not every delay is the lawyer's or the insurer's. Serious injuries may require months of treatment before doctors can say what the future holds, and a settlement before that point is a settlement at a discount. A case that takes longer because it is being built correctly is usually better than a fast one.
Mistakes that cost people money
- Settling before maximum medical improvement or a clear treatment plan.
- Delaying treatment, which lets the insurer argue the injury is not serious.
- Ignoring communications from your lawyer or missing medical appointments.
- Expecting a quick check because the insurer has said the claim is straightforward.
Related questions
Why hasn't the insurer paid my claim yet?
Insurers commonly wait for full records and treatment to conclude, and often make low first offers. A delay is not necessarily a denial, but it is also not a reason to accept less than the case is worth.
Does filing a lawsuit make a case take longer?
It usually extends the timeline, since discovery and mediation follow, but it can also motivate an insurer that has not negotiated seriously. Many suits still settle before trial.
Can I get money before the case settles?
Some coverages, such as PIP or medical payments, pay early without waiting for fault to be decided. Pre-settlement loans from third parties are costly and should be approached with caution and legal advice.
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