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!