Statute of Limitations in a Personal Injury Claim

How long do I have to file my Personal Injury Lawsuit?

After an accident, your attention is often focused on seeking the medical care necessary to fully recover from your injuries and returning your life to normal.  Depending on the severity of your injuries, this process can take months or even years. It is at this time when people often start wondering if they have a possible lawsuit to recover for their injuries.  While it is understandable to wait until you have recovered before asking this question, the law, however, limits the amount of time you have before you can bring a personal injury lawsuit. This deadline to file suit is known as the statute of limitations.

What is a statute of limitations?

Under Texas law, you generally have 2-years from the date of an accident to file a lawsuit.  While there are some certain circumstances which can extend this deadline, most experienced personal injury attorneys will advise not to rely on these circumstances and file your suit within 2-years of your accident.

Why do I need to contact an attorney immediately after an accident?

Although you have 2-years to file a lawsuit, a lot goes into investigating a potential claim prior to filing.  In personal injury litigation, it is necessary to obtain relevant accident reports and medical records. Unfortunately, in most cases, there is no deadline for physicians or other healthcare providers to provide these records; therefore, the process can take months.  What is more, healthcare providers often provide incomplete records, requiring follow-up requests.

In addition to obtaining the necessary records and reports, it is also necessary to fully understand the extent of your injuries and the prognosis for the same.  This may require engaging a consulting expert, which again, can take weeks or months to complete.

In sum, an attorney’s investigation into a potential personal injury lawsuit can take upwards of 6-months.

What happens if the statute of limitations does not allow for a full investigation?

While an experienced personal injury attorney will want to fully understand both the mechanism of your injuries as well as the medical treatments necessary for you to fully recover prior to filing a lawsuit, this is not always possible.  There are times when those who have been injured do not contact us until weeks or even days before their statute of limitation expires. This is not a problem.

The attorneys at Patrick Daniel Law are well-equipped to guide you through the investigation and filing of a lawsuit no matter how much time is left on your statute of limitation.  Our attorneys have the training and experience necessary to quickly evaluate a potential lawsuit and obtain the necessary information to file a lawsuit quickly if necessary.  By having the knowledge and expertise necessary, Patrick Daniel Law are able to work efficiently and effectively under tight deadlines to fully protect your legal rights.

Given the complexities regarding the statute of limitations, and the particular circumstances which can extend a statute of limitations, no matter how long ago your accident or injuries occurred. Please do not attempt to determine if you have a compensable case. You must consult a relevant liability attorney who has the expertise and extensive knowledge necessary to determine who ultimately caused the harm and injuries you or a loved one suffered. Contact us for a free case evaluation here.