100% Free Consultation (888) 493-1629

Medical Injury FAQ

How Long Can I Wait to File?

There are two laws that you have to pay attention to when you are considering filing a medical malpractice or product liability action. These laws are set in place both to protect the accused and the accuser. By waiting too long to file a claim, you may lose your right to file.

  • First, there is the statute of limitations.
    This law requires you to file an action within a specified period after the action "accrues." The action accrues at the time of injury. However, this period may be extended if the injury could not have been reasonably discovered any sooner, or if the victim had a legal disability. In Texas, the statute of limitations for medical malpractice and product liability claims is two years from the date of injury.
  • Second, you need to be aware of the statute of repose.
    In Texas, no product liability claim can be commenced against a manufacturer or seller of a defective product more than 15 years after the date of sale. For medical malpractice actions, the statue of repose bars bringing any claims more than 10 years after the date of injury.

Don't wait long before filing a pharmaceutical injury claim.

After long periods, the evidence tends to diminish, and it is more difficult to determine an accurate ruling in your case. The incident is no longer fresh in anyone's mind, and the person at fault for the accident may have gotten rid of evidence after such an extended period. In most cases of medical malpractice, you have 10 years after the date of your injury to file.

To learn more, get in touch with our firm today. We've won billions of dollars for our clients and are ready to see how we can help you. Call (888) 493-1629 to get started.

Case Results

Check Out Our Victories

  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $92.7 Million Record Settlement for Burn Injury Victim Arnold & Itkin LLP secured a substantial settlement for a man who suffered severe burns in an accident at his job. The settlement set a new record statewide for workers with similar injuries.
See All Results

The thing that stood out for Arnold & Itkin was they were really the first persons to come to our help. They did, like I said, a tremendous job.

Lenin Client

Secure Your Future & Request a 100% Free Consultation

  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please make a selection.
  • Please enter a message.