The personal injury claim process in Texas starts with medical treatment and evidence gathering, moves through insurance negotiation and a formal demand, and ends in settlement or lawsuit. Most San Antonio claims resolve without going to trial. Texas law gives injured people two years from the date of injury to file a lawsuit.
A personal injury claim is the legal process you use to recover money after someone else’s negligence injures you. It progresses from medical treatment to gathering evidence to negotiating with the insurer and concludes in a settlement or lawsuit. Most San Antonio personal injury lawyers handle these claims on contingency, and personal injury claims in Texas give you two years from the date of injury to file.
The personal injury claim process works in eight steps, starting the day you get hurt and ending when your case settles or goes to court. Each step builds the strength of the next, from your first medical visit to the final demand.
See a doctor the same day or the next day after your accident. A medical record created right after the crash ties your injury directly to the accident, the proof your claim depends on.
Wait too long, and you hand the insurance company an opening. Insurers read gaps in treatment as evidence that your injury was not serious or that something else caused it. If you are unsure where to go, here are the San Antonio hospitals that handle emergency injury care after a car accident.
Collect every piece of evidence you can from the scene and in the days after. Evidence disappears fast on busy San Antonio roads, where crews clear wrecks and skid marks within hours.
Gather these as soon as you are able:
Report the accident to the at-fault driver’s insurer, but watch what you say. The insurer needs basic facts: when, where, and who was involved. Stick to those.
Adjusters often ask for a recorded statement early on. They use those statements to lock you into words that minimize your claim later. Decline until you have spoken with a lawyer, and let an attorney handle these conversations from the start, so a routine call never turns into a reason to pay you less.
Call a lawyer when fault is disputed, your injuries are serious, or the insurer makes a lowball offer. These are the moments where handling the claim alone costs you money.
A consultation with a personal injury lawyer is free, so there is no risk in finding out where your case stands. Personal injury attorneys also work on contingency, meaning you pay nothing up front and the fee comes out of your settlement only if you win.
Once you hire a lawyer, the legal team builds your case while you focus on recovering. They gather your medical records, order the official police report, interview witnesses, and document your lost wages and the cost of any future treatment you will need.
Part of this work depends on your health. Maximum medical improvement (MMI) is the point at which your condition has stabilized, and doctors do not expect further recovery with treatment. Your team needs you at or near MMI before valuing the claim, because only then is the full cost of your injury clear.
Once you reach MMI, your attorney sends the insurer a demand letter. It lays out your injuries, treatment costs, lost wages, pain and suffering, and the total compensation you are owed, backed by the records gathered during the investigation.
The insurer reads the demand and responds in one of three ways: it accepts the amount, rejects it outright, or comes back with a counteroffer. This stage is the heart of the personal injury claims process in Texas.
Your attorney and the insurer trade offers until they reach a number you accept or hit a wall. Each round, your lawyer counters with evidence: medical bills, expert opinions, proof of lost income. Most San Antonio personal injury claims settle right here, without ever reaching a courtroom.
One mistake ends negotiations early and cheaply: accepting the first offer before your treatment is complete. You cannot reopen a settlement once you sign it, so an early yes locks you out of the costs that surface later.
When negotiation stalls and the insurer will not pay fair value, your attorney files a lawsuit. In Texas, you have two years from the date of your injury to file a personal injury lawsuit. Miss that deadline and you lose the right to recover anything.
Filing suit does not mean you are headed to trial. Most cases continue to settle during litigation, often after both sides exchange evidence and the insurer sees the strength of your claim. If you are worried about the cost of legal help, a personal injury lawyer costs nothing upfront. You only pay if you win, and the two-year deadline does not wait.
Most personal injury claims in San Antonio take a few months to two years to resolve. A simple claim with clear fault and minor injuries can settle in three to six months. A complex case with serious injuries or disputed fault often runs one to two years.
Four factors drive the timeline:
Your case has its own facts, and how long a personal injury claim takes in Texas depends on which of these factors apply to you.
Five mistakes can sink a personal injury claim: delaying medical care, giving a recorded statement, posting on social media, accepting a quick settlement, and missing the two-year deadline.
A few smart moves early on can strengthen your personal injury case and keep these mistakes from costing you.
We handle the insurance company so you can focus on getting better. Our team investigates your accident, builds your claim, and pushes for the full value of your injuries while you recover.
Your first conversation is a Free Consultation, and there is No Fee Unless We Win your case. Contact us to tell us what happened, and we will walk you through your options and what your claim could be worth.
The personal injury claim process in Texas is the path you follow to recover money after an injury: get medical treatment, gather evidence, notify the insurer, send a demand, and negotiate a settlement or file a lawsuit. Most claims settle before trial.
You have two years from the date of your injury to file a personal injury lawsuit in Texas. Miss that deadline and you lose the right to recover compensation, with very few exceptions.
After you file, the insurer reviews your demand and responds with an acceptance, a rejection, or a counteroffer. Negotiation follows, and most claims settle at this stage. If it stalls, your attorney can file a lawsuit.
Most San Antonio claims settle in a few months to two years. Simple cases with clear fault resolve in three to six months, while serious injuries or disputed fault can take one to two years.
Maximum medical improvement (MMI) is the point at which your condition has stabilized, and doctors expect no further recovery with treatment. It matters because your claim cannot be valued accurately until you reach it.
No, but you should have one if your injuries are serious, fault is disputed, or the insurer lowballs you. A lawyer protects your claim’s value and handles the insurer for you.
Sí. Contamos con personal que habla español y puede atenderlo en cada paso de su caso de lesiones personales en San Antonio. La consulta es gratis y no cobramos a menos que ganemos su caso. Contáctenos.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
