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 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. The statutes of limitations vary from state to state, and they may differ depending on the type of claim.

The reason that statutes of limitation exist is that, in general, the best time to come forward with a lawsuit is soon after it happened. With time, evidence starts to fade. In a lawsuit, you have a higher likelihood of receiving compensation if the judge and jury can witness your injuries and your medical history is recent. With the passing of time, the scene can also change, making it more difficult to determine if there was negligence involved.

For instance, 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.

It is also good to keep in mind that another time limitation is the Statute of Repose. This differs in that these deadlines are enforced with a stricter hand. Whereas with the statute of limitations, the deadline is more flexible to extensions depending on varying factors, the statute of repose is not.

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