How Long do I Have to File a Personal Injury Claim in Texas?
Written by Greg on October 30, 2018
A personal injury lawsuit is a claim filed against a person or entity due to alleged wrongful action that caused an injury. Personal injury claims are a common type of lawsuit filed in the United States and may be filed for many types of accidents including vehicle accidents, accidents in the workplace, medical malpractice, and incidents involving defective products.
According to the Centers for Disease Control and Prevention, CDC, over 30 million people a year visit emergency rooms due to unintentional injuries. Some of these are due to the negligence of another. The National Highway Traffic Safety Administration, NHTSA, reports that vehicle accidents account for over 4.6 million injuries and 40,000 deaths each year. Construction accidents total approximately 300,000 injuries and 1,000 deaths and medical mistakes account for almost 400,000 deaths annually.
When Should I File a Claim?
In Texas, the general tort law rule requires you to file a personal injury claim within two years after the injury occurred. Sometimes you may not immediately know about an injury. There, you might have two years from the date you first know about the injury. There may be particular types of cases that have shorter time-frames or situations where you must provide notice or make a claim in shorter time periods.
It is in your best interest to file a claim soon after the accident. Contact an experienced Houston personal injury attorney immediately after the accident. The sooner you take action, the more likely you will be to obtain the information, documentation, and proof necessary to resolve your case. You will be more likely to succeed in your case if you file sooner rather than later.
It can take some time for your attorney and the legal team to obtain and evaluate the information to file a claim in your case. Therefore, they need to begin the process early to meet the general two-year deadline limitation.
You should always consult a local attorney immediately after an accident about your rights and options and proper deadlines.
How a Personal Injury Attorney Will Help
After you or a loved one were injured in an accident, you are likely under a lot of emotional stress and physical trauma. Taking legal action may be one of the last things on your mind. That is where an experienced personal injury attorney will help. You can count on your lawyer to take over the situation from a legal standpoint so you will not need to worry about anything. Your lawyer will assist in gathering the documentation and information to proceed with your case. He or she can also negotiate with the insurance company on your behalf. In many types of cases, the insurance company will settle before it goes to court.
Sometimes, a settlement cannot be reached. There, your lawyer will prepare your case for trial and will represent you throughout the case.
At Baumgartner Law Firm we have helped thousands of injured people get the compensation they deserve. We may be able to help protect your rights. Contact Baumgartner Law Firm today to schedule a free case consultation.