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Personal Injury FAQ

How Much Time Do I Have to File a Personal Injury Claim?

The time limit for bringing a personal injury or wrongful death case is called the "statute of limitations."

It is essential to file legal action within this period because if you do not, you may forfeit your right to financial compensation for any damages suffered. Statutes of limitations vary from state to state, and they may differ depending on the type of claim.

The reason that statutes of limitations exist is that, in general, the best time to come forward with a lawsuit is soon after it happened.

Even if you have plenty of time before your statute of limitations is up, you'll want to contact an attorney sooner rather than later. A personal injury lawyer gathers and preserves evidence for your eventual case, but some evidence is most effective when it's collected as soon as possible. Calling an attorney soon after your accident also ensures that you can focus on your medical recovery while your attorney handles paperwork, investigation, and other legal matters.

The Statute of Limitations in Texas Is Two Years

In Texas, the statute of limitations for a personal injury and wrongful death claim is two years from the date the cause of action "accrued," which means the date of injury. However, this period may be longer if the injury could not have been reasonably discovered, or if the victim had a legal disability, such as being a minor.

Each state has its laws for statutes of limitation, so it would be best to defer to them when you wish to file a personal injury claim. In general though, sooner is always better than later. If you're unsure if you have a qualifying case or if your case meets the statute of limitations, speak with an attorney as soon as possible.

For more information on time limits that may apply to your case, contact Arnold & Itkin. Your consultation is free!

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  • $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.
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