How Long After an Accident & Injury Do I Have to File a Claim?March 7, 2019
You have two years after an accident to file a case in Texas against the liable party. In other words, Texas law sets a two-year statute of limitations for filing a personal injury case. This two-year timeframe starts as of the date of:
- The accident or event that caused the injuries – For some cases, like those involving car accidents, the date and time of the incident will be documented in an official report, like in a police report.
- The injuries being discovered – While this is often the same date as the accident, in some cases, it can be months to years later. For instance, back and brain injuries, as well as ailments like mesothelioma, can take time to present themselves, usually arising well after the incident that caused the condition.
After the two-year statute of limitations is up, a claim is no longer valid. That means that, if you don’t file your claim before the statute of limitations expires, you no longer have the opportunity to seek financial recovery for your injuries, suffering, and losses.
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Why It’s Important to File Your Claim as Soon as Possible: 4 Reasons
Following any accident, getting medical treatment should be the top priority. It’s also important to determine if you have a claim and, if so, get that underway as soon as possible. Here are four reasons why:
- Better witness accounts – If there were witnesses to the accident who can support your case, they’re more likely to be available and have a better memory of what they saw in the days and weeks after the incident, as opposed to months or more later when they may forget, misremember, or become unavailable altogether.
- More available evidence – From doctor’s reports and medical bills to accident scene photos and more, the physical evidence and documentation supporting your case can get lost or destroyed over time. That may make it harder to prove liability and/or recover the full amount of compensation to which you’re entitled.
- Lower chance of challenges – The longer you wait to file your case, the greater the risk will be that insurance companies or liable parties will push back on your claim. That’s because they’ll have more room to argue that some other event, after the accident, caused your injuries or that your injuries and losses aren’t as extensive as you’ve claimed. These challenges may prolong your claim or potentially reduce the ultimate recovery.
- Stronger overall case – With better witness accounts, more evidence, and fewer possible challenges, you’ll naturally have a stronger claim soon after the incident it’s associated with, rather than a year or more down the line. A strong case ultimately means better chances of success and the maximum financial recovery. And that can be the key to healing and overcoming the damage caused by the accident.
A Houston Personal Injury Lawyer at the Amaro Law Firm Can Help You: Contact Us
If you or a loved one has been harmed by another party’s negligent or reckless actions, a Houston personal injury lawyer at the Amaro Law Firm is ready to help you pursue the recovery and justice you may deserve.
Call (877) 892-2797 or Email Us for your FREE Consultation.
Known for outstanding representation and personal service, the attorneys at the Amaro Law have the experience, skills, and resources to effectively:
- Identify all liable parties and stand up to them in any setting
- Safeguard our clients’ rights in and outside the courtroom
- Bring all types of personal injury claims to the best possible resolutions.
The Amaro Law Firm’s record of success and exceptional advocacy in personal injury claims has earned us 5-star ratings on Google and Facebook, glowing testimonials from former clients, and a 10 rating on Avvo.