The Personal Injury Lawsuit Process in Texas: Step by Step

A Personal Injury Claim Is Not the Same as a Lawsuit

Most cases begin with a personal injury claim in Texas. A claim is usually handled outside court with an insurance company. A lawsuit is a formal court case against one or more defendants. If you want a fuller comparison, see our guide to the difference between a personal injury claim and a lawsuit.

That distinction matters. Medical treatment, an insurance claim, a demand package, and settlement talks often happen before suit. This page focuses on what happens once the case moves into the Texas court system.

1. Decide Whether a Lawsuit Is Necessary

Not every injury claim should be filed immediately. In many cases, it makes sense to investigate the accident, understand the medical outlook, identify available insurance, and give the carrier a fair chance to resolve the claim first. But waiting is not always the best strategy.

• Fault is seriously disputed.
• The insurer denies the claim or offers far less than the evidence supports.
• Key records, video, electronic data, or testimony cannot be obtained voluntarily.
• Several companies or people may share responsibility.
• A filing deadline is approaching.

For serious cases, the decision to file should be based on the evidence and the legal deadline—not simply on whether an adjuster says negotiations are still open.

2. Check the Texas Filing Deadline

Texas generally gives a person two years to bring a personal injury lawsuit under Texas Civil Practice & Remedies Code § 16.003. The deadline can be different in some cases. Claims involving government entities can have shorter notice requirements, and special rules may apply to minors and other situations.

Do not treat the two-year period as extra time for negotiation. A pending insurance claim usually does not stop the limitations clock. For a deeper discussion of deadlines and exceptions, see our Texas personal injury statute of limitations guide.

3. Identify the Defendants, Court, and Proper Venue

Before filing, the lawyer must identify the correct people and companies to sue. A commercial crash, construction injury, dangerous property case, or defective-product case may involve more than one responsible party.

Venue is also important. Under the general Texas venue rule in Civil Practice & Remedies Code § 15.002, a lawsuit may generally be filed in a county where all or a substantial part of the events occurred; where an individual defendant lived when the claim arose; or, for an entity, where its principal Texas office is located. If those grounds do not apply, the statute provides another possible basis tied to the plaintiff’s residence. Mandatory or special venue rules can override the general rule.

Choosing the wrong defendant or filing in the wrong place can create delay and unnecessary motion practice. This is one reason careful investigation before suit matters.

4. Prepare and File the Original Petition

Texas Rule of Civil Procedure 22 states that a civil suit in district or county court is started by filing a petition with the clerk. The current Texas Rules of Civil Procedure are published by the Supreme Court of Texas.

The Original Petition identifies the parties, explains the basic facts, states the legal claims, describes the injuries and damages, and asks the court for relief. A well-drafted petition should be accurate and focused. It does not need to tell every detail known about the case on day one.

5. Request Citation and Serve the Defendant

Filing the petition is only part of starting the lawsuit. Under Texas Rule of Civil Procedure 99, the clerk issues citation when requested, and the party requesting citation is responsible for obtaining service of the citation and a copy of the petition.

Service gives the defendant formal notice of the lawsuit. In an ordinary Texas district or county court case, the citation generally directs the defendant to file a written answer by 10:00 a.m. on the Monday after 20 days have expired from the date of service. Different procedures can apply in other courts or special types of cases.

6. The Defendant Files an Answer and Raises Defenses

The answer is the defendant’s formal response. It may deny the allegations, raise affirmative defenses, challenge venue, or identify other parties the defendant claims are responsible.

A denial in an answer is not a finding that the plaintiff did anything wrong. It is part of the pleading process and sets the issues that the parties will investigate through discovery.

7. Required Disclosures and Written Discovery Begin

Litigation changes the way information is exchanged. Under current Texas Rule 194, parties in most civil cases must provide initial disclosures without waiting for a discovery request. The rule generally requires the initial disclosures within 30 days after the first answer or general appearance, unless the parties agree or the court orders otherwise.

The parties may also use written discovery, including:

• Requests for production to obtain documents, photographs, video, electronic data, policies, records, and other evidence.
• Interrogatories, which are written questions that must be answered in writing.
• Requests for admissions, which ask a party to admit or deny specific facts.
• Subpoenas and nonparty discovery to obtain information from people or businesses that are not parties to the lawsuit.

Greg Baumgartner’s perspective: In a serious injury case, discovery is often where the case becomes much clearer. Before suit, an insurance company may share only what it chooses to share. Once litigation begins, the rules can require production of relevant information and allow testimony to be taken under oath. That can change how both sides evaluate the case.

8. Depositions and Expert Witnesses

A deposition is sworn testimony taken before trial. Texas Rule 199 permits a party to take oral depositions. The injured person, defendant, eyewitnesses, company representatives, doctors, and experts may be deposed depending on the case.

Serious cases may also require experts. For example, a trucking case may need an accident-reconstruction or motor-carrier expert. A catastrophic injury case may require physicians, life-care planners, economists, or vocational experts. Experts should be used because they help prove a disputed issue—not just because the case is large.

9. Motions and Pretrial Issues

Not every dispute waits for trial. Lawyers may ask the judge to rule on discovery problems, legal issues, expert testimony, evidence, or claims that one side argues can be decided without a trial.

Common examples include motions to compel discovery, motions for summary judgment, and motions concerning what evidence a jury may hear. The court may also enter scheduling orders and set deadlines for experts, discovery, mediation, and trial.

10. Mediation and Settlement Negotiations

Settlement discussions can continue after a lawsuit is filed. In fact, many cases settle during discovery, after important depositions, or at mediation.

Mediation is a structured settlement conference with a neutral mediator. The mediator does not decide the case. The parties decide whether to settle. A court may order mediation, or the parties may agree to it.

From our experience, the most productive negotiations happen when both sides understand the evidence. Filing suit should not be used merely as a threat. Its value is that it creates a process for developing the facts and preparing the case as if a jury may ultimately decide it.

11. Trial If the Case Does Not Settle

If the parties cannot reach an agreement, the case can proceed to trial. A jury trial generally includes jury selection, opening statements, witness testimony, exhibits, cross-examination, closing arguments, the court’s instructions, and a verdict.

The plaintiff generally has the burden to prove the required elements of the claim by a preponderance of the evidence. Good trial preparation starts long before the courthouse. The evidence gathered during the investigation and discovery stages usually determines what can be presented effectively at trial.

12. Judgment, Liens, Distribution, and Possible Appeal

A verdict is not always the last step. The court enters a judgment, and either side may have post-trial rights. An appeal can follow in some cases.

If money is recovered, valid medical liens, subrogation claims, case expenses, and attorney fees may need to be resolved before the client’s net proceeds are distributed. Those issues should be reviewed carefully rather than treated as an afterthought.

How Long Does a Texas Personal Injury Lawsuit Take?

There is no single timeline. A case may resolve within months after suit is filed, while a complex case can take a year or longer. The number of parties, medical issues, expert work, discovery disputes, court settings, and whether the case goes to trial all matter.

For a broader look at timing from the accident through settlement or trial, see our personal injury case timeline.

What Should an Injured Person Do While the Lawsuit Is Pending?

• Keep medical appointments and follow reasonable treatment recommendations.
• Tell your lawyer about new doctors, bills, work restrictions, or changes in your condition.
• Preserve photographs, documents, damaged property, and other evidence.
• Be careful with social media. Assume posts, photos, and comments may be reviewed by the other side.
• Do not ignore court notices, discovery questions, deposition preparation, or requests from your legal team.

The lawsuit is a team effort. Your lawyer handles the legal work, but accurate information and good communication from the client are essential.

How Much Does It Cost to File a Personal Injury Lawsuit?

Court filing fees, service fees, deposition costs, medical-record charges, and expert expenses can make litigation more expensive than a pre-suit claim. The written attorney-client agreement should explain how fees and case expenses are handled.

Baumgartner Law Firm handles personal injury cases on a contingency fee. That means there is no attorney fee unless we recover money for the client. If you are comparing lawyers, ask how litigation expenses are handled as well as what percentage fee applies.

Frequently Asked Questions About Texas Personal Injury Lawsuits

How long do I have to file a personal injury lawsuit in Texas?

Most Texas personal injury lawsuits are subject to a two-year limitations period, but exceptions and shorter notice requirements can apply. The safest approach is to evaluate the deadline early rather than wait until the end of the two years.

Does filing a lawsuit mean my case will go to trial?

No. A lawsuit can settle at almost any point before a final judgment. Many cases resolve after discovery, depositions, or mediation.

What happens after a defendant is served in Texas?

The defendant must respond by the deadline stated in the citation. In ordinary district and county court cases, Rule 99 generally sets the answer deadline at 10:00 a.m. on the Monday after 20 days have expired from service.

What is discovery in a personal injury lawsuit?

Discovery is the formal process for obtaining relevant information and evidence. It can include required disclosures, document requests, interrogatories, admissions, subpoenas, expert discovery, and depositions.

Can the parties still negotiate after the lawsuit is filed?

Yes. Settlement talks often continue throughout litigation. The information developed during discovery can inform later negotiations.

Do I need a lawyer to file a personal injury lawsuit in Texas?

 A person can represent themselves in some civil matters, but serious injury litigation involves pleading rules, service, evidence, discovery, experts, deadlines, and trial procedure. The higher the stakes, the more important experienced litigation counsel becomes.

Talk With Baumgartner Law Firm About a Serious Injury Case

If an insurance claim cannot be resolved fairly, a lawsuit may be necessary to protect your rights and develop the evidence. Baumgartner Law Firm has represented seriously injured Texans and families since 1985. We keep a selective caseload so serious cases receive direct attention and careful preparation from Houston personal injury lawyer Greg Baumgartner and the firm.

Call (281) 587-1111 for a free consultation. There is no attorney fee unless we recover money for you. You can also review our personal injury FAQs for answers to common questions about Texas injury claims.

About the author: Greg Baumgartner is the founder of Baumgartner Law Firm. He has represented serious injury victims and families in Texas since 1985. His practice focuses on significant personal injury and wrongful death cases, with a low-volume approach built around investigation, litigation preparation, and direct client attention. Last reviewed and updated: August 2026.