Drew Bivona, your personal injury attorney.

How Long Should I Wait To File a Claim/Lawsuit in Texas?

When you suffer from an injury that affects your everyday life, it can be tempting to wait and see how it turns out. However, there are some instances where waiting too long to file a personal injury claim can be very costly. Personal injury lawyers are the best person to go to if you are looking for an advocate who will do their best to get you the settlement you deserve. They should be someone who is experienced and knowledgeable about the law and all of its nuances, such as statutes of limitations. 

In many cases, it's essential to file a claim before too much time has passed so you don’t have any gaps in your memory. Waiting too long can cause you to forget what happened during a specific time period or what other evidence might have been present at the scene. Filing a personal injury claim too late may also prevent your ability to receive compensation for your damages. It is essential to take the necessary steps to protect your legal rights as soon as possible following an accident. Not only does this help you recover more quickly, but it reduces the likelihood that you will forget important details that could affect your case later down the road.

The statute of limitation for personal injury in Texas is two years from the date the cause of action accrued. This means that an injured party has two years to file a lawsuit from the date of an accident to seek damages. This also means that an injured party generally has two years to file a claim as well considering an insurance company wouldn’t be obligated to compensate you if you don’t have any legal recourse. 

You may find it helpful to contact an experienced Texas personal injury attorney who can help you figure out what steps are necessary for filing a lawsuit. A Houston personal injury attorney near you will provide information on the process and your involvement. The two-year limit simply means that you need to have all of your paperwork filed by that date. It is crucial to stay on top of the statute of limitation because the insurance company or a court may deny your claim if certain documents are not filed by this date.

Generally, Texas law requires that injured people who are harmed because of someone else’s negligence must file their lawsuit within two years. There are some exceptions, however, to this rule.

Want to know more about those exceptions? Keep scrolling!

1. Product Liability

Product liability arises when a consumer suffers an injury or illness due to using or consuming a defective product. The consumer usually files this type of lawsuit against the manufacturer, retailer, or wholesaler who sold the product. The defective product may be food, medicine, clothing, toys, etc., anything that may cause injuries. Regardless, you have up to 15 years from purchasing the item to file a claim--sometimes longer if the product has a warranty.

2. Workers’ Compensation

Product liability arises when a consumer suffers an injury or illness due to using or consuming a defective product. The consumer usually files this type of lawsuit against the manufacturer, retailer, or wholesaler who sold the product. The defective product may be food, medicine, clothing, toys, etc., anything that may cause injuries. Regardless, you have up to 15 years from purchasing the item to file a claim--sometimes longer if the product has a warranty.

3. Suing The State of Texas

The Texas Tort Claims Act requires claimants injured by a government agency or employee to provide notice of their claim within six months. Some smaller government agencies that belong to municipalities have an even shorter deadline, like Houston’s 90-day limit. Under this situation, a lawsuit can’t successfully be filed unless notice was first provided within the required time.

Are you scared of filing a claim on your own? That’s great because Bivona Law ain’t. Bivona Law firm is a personal injury law firm in Houston, Texas. We make healing after an accident easier by coordinating your medical treatment and dealing with the insurance companies. We have the expertise, experience, and dedication to win your case. So what are you waiting for? Call today for a free consultation.

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