After an Accident & Injuries, How Much Time Do I Have to File a Claim?February 14, 2019
When you’ve been hurt by someone else’s negligence, you may have the right to file a personal injury lawsuit to seek compensation for your injuries, suffering, and losses. While various factors can impact whether you have a valid claim, one of the key elements is when you file your case.
That’s because Texas law sets strict deadlines for filing personal injury cases. These deadlines are known as the statutes of limitation. If you miss the filing deadline for your case (i.e., if the statute of limitations for your claim expires), you can lose the opportunity to seek financial recovery.
What Is the Statute of Limitations for Personal Injury Cases in Texas?
Texas law sets the statute of limitations for personal injury claims at two years. This means that injured parties have two years to file a claim. Here, it’s important to point out that the two-year timeframe starts counting down as of the date on which:
- The accident or injury-causing event occurred.
- The injuries are discovered.
- The injuries result in death (for wrongful death claims).
Some exceptions may apply, based on the specifics of a given case.
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Why Are There Time Limits for Filing Personal Injury Cases in Texas?
The primary purpose of statutes of limitations is to assure the timely pursuit of valid claims. As months and years go by after an injury-causing incident, evidence can disappear, witnesses’ memories can fade, and there can be little to prove or disprove the allegations.
By setting strict deadlines for personal injury cases, statutes of limitations are meant to promote justice and reasonable diligence in pursuing claims.
How Soon Should I File My Personal Injury Case?
You should file your case as soon as is reasonably possible. Although Texas provides a couple of years within which to file personal injury claims, the reality is that the sooner you move forward with your case, the stronger your case will likely be.
The primary reason is that there tends to be far more evidence available in the weeks and months immediately following the accident or incident, as opposed to a year or more down the line. Additionally, the longer you wait to file your claim, the more likely it can be that:
- Witnesses move, forget what happened, or simply are no longer available to support your case.
- Insurance companies and/or defendants can exploit the delays in filing by arguing, for instance, that the injuries were not that severe or that they were caused by some subsequent event.
That can mean additional complications, longer timeframes for resolving cases, and possibly reduced compensation.
To avoid these issues and set your personal injury case up for success, it’s strongly advised that you contact the trusted attorneys at the Amaro Law Firm as soon as possible. We will immediately start protecting your rights and vigorously fight for your recovery.
Set Your Case Up for Success: Contact a Houston Personal Injury Lawyer at the Amaro Law Firm
If you or a loved one has been harmed by another party’s negligent or reckless actions, it’s time to contact a Houston personal injury lawyer at the Amaro Law Firm. We are ready to partner with you in the pursuit of recovery and justice.
During your FREE consultation, we will answer your questions and explain your legal options. Free virtual and mobile consultations are available to anyone who cannot visit our offices.
At the Amaro Law Firm, our experienced personal injury attorneys are known for superior representation, personal service, and outstanding results.
While we understand that money cannot erase the damage from serious accidents and injuries, compensation from personal injury claims can help people pick up the pieces, heal, and restore their lives.