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You’re Injured, You’ve Hired a Lawyer, and Now You Wait: A Texas Attorney’s Guide to the Settlement Process
If you’ve been injured in a car accident, truck wreck, or any other incident in Texas, you’ve taken the critical first step by hiring an attorney. Now comes the part that tests the patience of even the most stoic Texan: the waiting period. As Attorney Ralph Manginello explains in his recent video, “The waiting game can sometimes be a long game. You have to trust in the process.” This period of uncertainty—between hiring counsel and reaching a resolution—is where cases are won or lost, and where your peace of mind is most vulnerable. At Attorney911, The Manginello Law Firm, PLLC, we’ve guided thousands of injured Texans through this exact phase over our 25+ years in practice. We’re here to demystify the process, explain why it takes time, and give you a clear, actionable plan for what to do while you wait so you can protect your health and your claim. This isn’t a passive period; it’s an active phase of healing and case-building. Call our legal emergency line at 1-888-ATTY-911 if you have questions about your specific case right now.
Why Trusting the Process is a Texas-Sized Challenge
Ralph Manginello, our managing partner and a Houston native with deep roots in Memorial, puts it plainly: “If you’re injured in a wreck, you’re gonna get paid. If you have a qualified attorney that knows how to work your case, they can and should move it along as efficiently as possible.” The key phrase is qualified attorney. In Texas, not all personal injury lawyers operate with the same resources, experience, or dedication. A qualified attorney, like those at Attorney911, understands the intricate dance of Texas civil procedure, insurance claim valuation, and medical recovery timelines. Our firm’s foundation includes Ralph’s 25+ years of experience, admission to the U.S. District Court for the Southern District of Texas for complex federal litigation, and hands-on involvement in massive cases like the BP Texas City explosion litigation. This isn’t just about filing paperwork; it’s about strategic, informed advocacy. However, as Ralph notes, even with the most qualified attorney, “there’s a lot of factors that come in.” Understanding these factors is the first step toward managing your expectations and reducing anxiety.
The Inevitable Delays: Why Your Texas Personal Injury Case Takes Time
“The courts are backed up and they are going to be backed up for the foreseeable future,” states Manginello. This isn’t an excuse; it’s the reality of the Texas civil justice system, particularly in major metropolitan areas like Houston, Austin, and Beaumont where our offices are located. The backlog is a multi-faceted problem with historical roots.
The Perfect Storm of Court Backlogs in Texas
First, consider the sheer volume. Texas is a large state with a high population and, unfortunately, a significant number of vehicle accidents and personal injury incidents. Each one of these represents a potential lawsuit. Then, layer on external disruptions that are uniquely Texan: “We’re still going to have hurricanes. We’re still going to have freezes.” Natural disasters don’t just damage property; they shut down courthouses, displace court personnel, and create states of emergency that pause civil litigation for weeks or months. Remember the 2021 Texas freeze? Or Hurricane Harvey? These events created massive delays that are still being felt in the pipeline.
Most significantly, the COVID-19 pandemic created a judicial logjam of historic proportions. As Ralph points out, “There was a pandemic. All those cases are still in the pipeline at the courthouse.” For nearly two years, jury trials in Texas were largely suspended. While courts adapted with virtual hearings for some matters, the constitutional right to a jury trial meant a massive backlog of cases waiting for a trial date. “The courts can only try one case at a time,” Manginello explains. “If a case is going to trial, it’s just going to take time.” This backlog benefits insurance companies, who know that delayed justice often pressures injured victims into accepting lowball settlements out of financial desperation.
The Legal Machinery: What’s Actually Happening During the Wait?
While you’re waiting, your attorney is engaged in a meticulous, multi-stage process governed by the Texas Rules of Civil Procedure. This is not idle time. For a serious injury case, the pre-trial phase typically involves:
- Discovery: This is the evidence-gathering phase. It includes drafting and responding to written questions (interrogatories), requests for documents (like your medical records and employment history), and taking sworn testimony in depositions. We depose the defendant, witnesses, and corporate representatives. The defense will likely seek to depose you and your treating doctors. This process alone can take 6-12 months.
- Medical Treatment and Maximum Medical Improvement (MMI): As Ralph emphasizes, your health is paramount. We cannot properly value your case until you reach a point of maximum medical improvement—when your doctors conclude that your condition has stabilized and no further significant recovery is expected. Rushing settlement before MMI is a catastrophic error.
- Negotiation: Settlement discussions often occur in waves. An initial demand package is sent, outlining liability, damages, and legal authority. The insurance company responds, usually with a lowball offer. A series of negotiations follows. Our firm’s advantage here is critical: Associate Attorney Lupe Peña spent years working at a national defense firm, learning firsthand how large insurance companies value claims. He knows their software (like Colossus), their settlement authority structures, and their tactics. We don’t negotiate from a position of guesswork; we negotiate from a position of insider knowledge.
- Mediation: Most Texas courts require parties to attempt mediation—a formal settlement conference with a neutral third-party mediator—before a trial date is set. This is a full-day, intensive process that requires extensive preparation.
Each of these steps takes time, and they often cannot be rushed without sacrificing the quality of your representation. As client Jamin Marroquin noted in his testimonial about our firm, “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” We are working even when you’re not on the phone with us. If you feel in the dark, call us for an update at 1-888-ATTY-911.
The Most Important Task While You Wait: Heal
Ralph Manginello cuts to the heart of the matter: “There’s no rush on this because if you think about it this way, your health is the most important thing. And so if you need three, six, nine months a year to heal up, you don’t want to get your case resolved before then because you can’t ever come back later and get more treatment or get more money. It’s over.” This is perhaps the most critical piece of advice we give our clients. The legal claim exists to make you financially whole for your losses. If you settle before you understand the full extent of those losses, you have waived your rights forever.
The Medical-Legal Connection: Documenting Your Recovery
Your medical records are the foundational evidence of your damages. Insurance adjusters and defense attorneys scrutinize every entry, looking for gaps in treatment, inconsistencies, or evidence that you are not as injured as claimed. Your job during this waiting period is to:
- Follow All Medical Advice: Attend every appointment. Complete every course of physical therapy. Take prescribed medications as directed. A gap in treatment can be misconstrued as evidence that you were not seriously hurt.
- Be Honest and Detailed with Your Doctors: Report all your symptoms—pain, stiffness, headaches, insomnia, emotional distress. These subjective complaints are documented and become part of the objective medical record.
- Understand Maximum Medical Improvement (MMI): In Texas, MMI is a key legal and medical concept. It’s the point at which further recovery is not anticipated. Only after MMI can your doctors provide a definitive prognosis about permanent impairment, future surgery needs, or long-term limitations. This information is essential for calculating future medical costs and pain and suffering.
We have seen the consequences of settling too early. In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. Had that case been rushed to settlement before the infection set in, the client would have received a fraction of the multi-million dollar settlement we ultimately secured. Your health timeline dictates the legal timeline, not the other way around.
How to Communicate with Your Lawyer During the Wait: Be Proactive, Not Paranoid
“So the best thing you can do is just be patient and, you know, get updates from your lawyer on the case,” advises Manginello. “You know, what’s happening next. What happens next? When is my trial date? Do you expect it to go to trial on that date and hang in there?” Effective communication is a two-way street. At Attorney911, we pride ourselves on consistent communication. As client Dame Haskett shared, “Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” Our paralegal team, led by the frequently praised Leonor (“Leo”), follows up with clients every 2-3 weeks as a standard practice.
Your Checklist for Productive Check-Ins
When you call or meet with your case manager or attorney, come prepared. Here are key questions to ask, based on Ralph’s suggestions:
- Has the defendant filed an Answer to our lawsuit? What are their main defenses?
- What is the current status of discovery? Are we waiting on documents, or are depositions scheduled?
- Have all my medical records and bills been obtained and organized?
- Have we identified and retained the necessary expert witnesses (medical experts, accident reconstructionists, economists)?
- Is a mediation date scheduled? If so, when should we prepare for it?
- Do we have a trial date set on the court’s docket? What is the likelihood we will actually try the case on that date, given local court backlogs?
- Based on my current medical status, what is our plan for declaring Maximum Medical Improvement?
We want you informed. As client Ambur Hamilton said, “I never felt like ‘just another case’ they were working on.” If your current attorney isn’t providing these updates, it may be time for a second opinion. Call our Houston office at 1-888-ATTY-911; we’ve taken over cases from other firms and achieved results where others stalled, like we did for client Greg Garcia: “In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
The Attorney911 Difference: How We Move Your Texas Case Forward Efficiently
Having a “qualified attorney” means more than just a law license. It means having a team with the experience, resources, and strategic mindset to navigate delays and build undeniable leverage. Here’s how our firm turns the waiting period into a period of advantage for you.
Insider Knowledge from the Other Side
Our firm’s unique structure includes a former insurance defense attorney. Lupe Peña worked for years at a national defense firm, calculating claim values and developing strategies for insurance companies. He knows their playbook because he wrote parts of it. This means:
- We know how claims are valued by software programs like Colossus and how to structure our demand to bypass algorithmic lowballs.
- We anticipate defense tactics, such as requesting unnecessary medical examinations (IMEs) with biased doctors. Lupe has hired these doctors himself in the past and knows how to challenge their credibility.
- We understand settlement authority. We know which adjuster has what level of authority and when to push for a supervisor to get a serious offer.
This isn’t theoretical. This insider knowledge directly contributed to our multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company. We knew how the defense would value a traumatic brain injury, and we were prepared with superior medical evidence and expert testimony to counter it.
Preparation for Trial from Day One
Insurance companies can sense which law firms are willing to go to trial and which are settlement mills. We prepare every case as if it will be tried before a Harris County or Travis County jury. This mindset changes everything. We invest in accident reconstruction, hire top-tier medical experts, and conduct thorough depositions. This level of preparation signals to the defense that we cannot be bullied into a cheap settlement. As Ralph Manginello, with his federal court and complex litigation experience, knows: readiness is the key to forcing fair settlements. Our current litigation of a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity (Bermudez v. Pi Kappa Phi Fraternity, Inc.) demonstrates this willingness to fight powerful institutions.
Resources to Advance Your Case Costs
Building a strong case costs money. Expert witnesses, court filing fees, medical record retrieval, and deposition costs can run into the tens of thousands of dollars. As a contingency fee firm, we advance all these case costs. You pay nothing upfront, and we only recover these costs if we win your case. This allows us to build the best possible case for you without adding financial stress during your recovery. Our fee is 33.33% of the recovery before a lawsuit is filed, and 40% if the case proceeds to trial—a standard structure in Texas that reflects the immense work required to try a case.
What Not to Do: The Risks of Impatience
Impatience is the insurance company’s greatest ally. Here are the dangers of trying to rush your Texas personal injury claim:
- Settling Before Full Recovery: As stated, this is the cardinal sin. Once you sign a release, your claim is extinguished forever, even if you later need a spinal fusion or develop post-traumatic arthritis.
- Posting on Social Media: Defense investigators routinely scour social media for any evidence to contradict your injury claims. A single photo of you at a family barbecue, even if you were in significant pain, can be taken out of context. Lupe Peña, from his defense days, warns: “They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after.”
- Giving Recorded Statements Without Your Attorney: If an insurance adjuster for the other side calls you, politely decline to speak and refer them to your attorney. These statements are designed to trap you into minimizing your injuries or admitting fault.
- Failing to Follow Through with Treatment: This creates a “gap in treatment” that will be used to argue your injuries weren’t serious.
Your role is to heal. Our role is to protect you from these pitfalls. We send comprehensive guidance to every client on these “do’s and don’ts” because we’ve seen how innocent mistakes can damage valuable claims.
When the Wait is Over: How We Finalize Your Case
Ralph Manginello provides the clear endpoint: “Let your lawyer know when you’re done healing up so then they can work on closing your case at that point.” This is a collaborative moment. When your doctors indicate you have reached maximum medical improvement, we will obtain final medical reports and bills. We then compile a comprehensive “demand package” that includes:
- A detailed liability analysis
- All medical records and bills
- Expert reports on future care and impairment
- Documentation of lost wages and loss of earning capacity
- A legal memorandum justifying our settlement demand
From there, we enter the final, most intense phase of negotiation or trial preparation. “There is no specific timeline,” Ralph says, but with our aggressive approach, we move as swiftly as the system and your health allow. Client Tymesha Galloway experienced this efficiency: “Leonor is the best!!! She was able to assist me with my case within 6 months.”
Why Texans Choose Attorney911 During the Long Wait
With over 251 Google reviews averaging 4.9 stars, clients consistently highlight our communication and results during the waiting period. Client Chad Harris said, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” This family feel is intentional. We are a Texas-based firm serving Texas communities. Ralph was raised in Houston’s Memorial area, and Lupe is a third-generation Texan from Sugar Land with King Ranch heritage. We are your neighbors.
Our credentials are not just for show; they are tools we use for you:
- 25+ Years of Experience: Ralph Manginello, admitted to the Texas Bar in 1998, has seen every insurance tactic and court delay.
- Federal Court Admission: Admitted to the U.S. District Court, Southern District of Texas, for complex cases that exceed state court boundaries.
- BP Explosion Litigation: We were involved in litigation against a multinational corporation, proving we can handle the most severe, catastrophic injury cases.
- Bilingual Services: Lupe Peña and staff member Zulema provide fluent Spanish language services, ensuring clear communication for all family members.
We are the Legal Emergency Lawyers™. When you’re in the stressful limbo of waiting for your case to resolve, that is a legal emergency for your peace of mind. We are here to answer. Call 1-888-ATTY-911 for a free, no-obligation consultation. We’ll review your case, explain exactly what to expect, and if we take your case, you’ll have a dedicated team fighting for you every step of the way. As client Glenda Walker affirmed, “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
Frequently Asked Questions About Waiting for a Settlement
How long do most Texas personal injury cases take to settle?
There is no standard timeline. A straightforward case with clear liability and quick recovery may settle in 6-9 months. A complex case involving severe injuries, disputed liability, or multiple defendants can take 18-36 months or more. The key factor is reaching maximum medical improvement. We move each phase as efficiently as possible, but we will never rush at the expense of your full recovery or case value.
What if I need money for bills right now?
We understand the financial strain. We can often help clients secure interim solutions, such as negotiating with medical providers to defer bills on a lien, or exploring potential advances from your own auto insurance policy (like Personal Injury Protection coverage). We can also investigate all potentially liable insurance policies. Our goal is to help you weather the financial storm without being forced into a premature, inadequate settlement.
How often will I get updates on my case?
At Attorney911, our policy is to proactively update clients at least every 2-3 weeks, even if there’s no major news. You will also have direct access to your case manager and paralegal (like Leonor, Leo, or Melani) via phone and email. As client Brian Butchee noted, “Melanie was excellent. She kept me informed and when she said she would call me back, she did.” You are always welcome to call us at 1-888-ATTY-911 for a status check.
What if the insurance company makes a quick offer?
Be very wary. The first offer is almost always a lowball offer designed to close the file cheaply before you understand the full extent of your injuries or hire an attorney. We will evaluate any offer you receive, but our experience tells us that early offers are typically a fraction of what your case is worth once properly developed. We advise clients to never accept an offer without having an attorney review it.
Will my case definitely go to trial?
No. The vast majority of personal injury cases (over 95%) settle before trial through negotiation or mediation. However, we prepare every case as if it will go to trial. This preparation is what gives us the leverage to secure strong settlements. The insurance company knows if we are not afraid of the courtroom, and that changes their entire approach.
What happens when I’m finally done with treatment?
Inform your attorney and case manager immediately. We will then request final records and bills from all your providers. This signals the start of the final case-building phase. We will compile all evidence, consult with necessary experts, and formulate a final demand strategy to pursue maximum compensation for all your damages—past and future.
If you have more questions about your specific wait, don’t navigate this alone. The insurance company has teams of adjusters and lawyers working on your file. You should have a team too. Call Attorney911, The Manginello Law Firm, PLLC, today at 1-888-ATTY-911. We serve clients across Texas from our offices in Houston, Austin, and Beaumont. Remember, there’s no fee unless we win your case.
Frequently Asked Questions
How long do most Texas personal injury cases take to settle?
There is no standard timeline. Simple cases may settle in 6-9 months, while complex cases with severe injuries can take 18-36 months or more. The key factor is reaching maximum medical improvement. At Attorney911, we move each phase efficiently but never rush at the expense of your full recovery or case value.
What if I need money for bills right now while waiting?
We understand financial strain. We can help negotiate with medical providers to defer bills on a lien, explore advances from your own insurance policy, and investigate all liable insurance policies. Our goal is to help you avoid a premature, inadequate settlement due to financial pressure.
How often will I get updates on my case from Attorney911?
We proactively update clients at least every 2-3 weeks. You have direct access to your case manager and paralegal via phone and email. As client Brian Butchee noted, our team keeps you informed and returns calls promptly. You can always call 1-888-ATTY-911 for a status check.
What if the insurance company makes a quick offer? Should I take it?
Be very wary. The first offer is almost always a lowball designed to close the file cheaply before you understand your full injuries. We evaluate any offer, but early offers are typically a fraction of what your case is worth once properly developed with medical evidence. Never accept an offer without an attorney’s review.
Will my case definitely go to trial?
Most cases (over 95%) settle before trial. However, at Attorney911, we prepare every case as if it will go to trial. This preparation gives us the leverage to secure strong settlements because insurance companies know we are not afraid of the courtroom and are fully ready.
What happens when I’m finally done with medical treatment?
Inform your Attorney911 team immediately. We will then gather final medical records and bills, consult with experts, and formulate a final demand strategy to pursue maximum compensation for all your damages—past, present, and future. This marks the start of the final case-building phase.
