How Long Do I Have to File a Personal Injury Claim?
After an accident, time is crucial if you plan to file a personal injury claim. In Texas, missing the filing deadline could prevent you from receiving any compensation for your injuries. Understanding the statute of limitations and acting promptly are essential.
Understanding Texas’s Statute of Limitations
In Texas, the statute of limitations for most personal injury cases is two years from the date of the accident. This time frame applies to cases involving car accidents, slips and falls, and other incidents caused by negligence. If you miss this deadline, you typically forfeit your right to seek compensation, regardless of the injury’s severity.
However, there are exceptions. In some cases, like those involving delayed injuries, the two-year limit might begin from the date the injury was discovered rather than the accident date. Claims against government entities have shorter deadlines, sometimes requiring action within six months. Wrongful death cases generally follow the same two-year rule but may involve other timing factors.
Why Filing Promptly Matters
Filing quickly after an injury helps preserve crucial evidence. As time passes, evidence like witness accounts, photos, and accident details can become harder to secure. Acting promptly also supports a stronger case, as it allows for immediate medical evaluation, helping to link your injuries directly to the incident.
Insurance companies may react more favorably to prompt claims. Filing quickly reduces the risk of delays and strengthens your case for fair compensation. Waiting to file may lead insurers to question the claim’s validity, potentially affecting the settlement amount.
What to Do After an Accident to Protect Your Claim
After an accident, seek medical attention immediately, even if your injuries seem minor. Medical records create a solid foundation for your claim, showing the injury’s impact. Documenting the scene is equally important; gather photos, witness contacts, and any police reports available.
Contacting a lawyer early can be essential. A lawyer will guide you through the process, helping you meet deadlines, avoid critical errors, and evaluate any settlement offers from insurance companies. Avoid signing any agreements with insurers without consulting a lawyer, as quick settlements may not fully cover your expenses.
How McCray Law Firm Can Help
At McCray Law Firm, we help clients understand the deadlines and requirements for filing personal injury claims in Texas. Our team ensures each case is managed on time and with care, from collecting evidence to meeting legal requirements.
We offer a free consultation to discuss your case and help you determine your options. Our experience with Texas personal injury laws means we know how to navigate complex claim processes effectively.
Don’t Miss Your Opportunity to File
Knowing the statute of limitations and acting quickly are crucial for a successful personal injury claim. If you’re unsure about your timeline or need guidance, contact McCray Law Firm. We’ll help you protect your rights and pursue the compensation you deserve. Schedule a free consultation with us today to secure the best outcome for your case.
Frequently Asked Questions
- What happens if I file a claim after the statute of limitations expires?
If you file after the deadline, your case will likely be dismissed, and you won’t be able to pursue compensation, even if the evidence is strong. - Does the statute of limitations apply to all types of injuries?
Yes, the two-year statute generally applies to most personal injury claims, including car accidents, slips and falls, and medical malpractice. However, specific cases may have different timelines, especially if a government entity is involved. - Are there situations where the statute of limitations can be extended?
In some cases, like when the injury wasn’t immediately apparent, the timeline might start from the “date of discovery.” Also, if the injured person is a minor or legally incapacitated, the deadline may be extended. - What if the other party was partly at fault? Can I still file a claim?
Yes, Texas follows a modified comparative fault rule, meaning you can still file a claim as long as you are less than 51% at fault. However, your compensation may be reduced by your percentage of fault. - How do I know if my case qualifies for an exception to the statute of limitations?
Consulting with a personal injury lawyer is the best way to know if your case qualifies for an exception. An attorney can assess specific factors in your case to determine the timeline for filing.
For more information, contact McCray Law Firm for a free consultation.