Texas has a 2-year statute of limitations. In other words, a lawsuit is needed to protect your claim if you have not settled it within 2 years from the date of the accident. If not, your claim is barred. While lawsuits are filed every day, most attorneys try to settle before filing suit but after a thorough investigation. A lawsuit may be necessary if the insurance company if offering too little money or believe that you caused or partly caused the accident. While litigation may take months and sometimes a couple of years, very few cases are tried to a jury.