How Long Do I Have to File a Claim? Does Waiting Affect My Case?

LAW BLOG  •

December 22, 2015

For most personal injury claims, the statute of limitations in Texas is two years from the time you discover an injury. As an example, if you fall because a store did not put up a wet-floor sign, do not immediately recognize an injury, and later discover you fractured your tailbone in the incident, you have two years to file a claim from the time you find out about the damage.

Sooner The Better

Every attorney you speak with will tell you the sooner you can get started on any type of claim the better. Starting on a case as soon as possible provides you with several distinct benefits:

  • Starting early ensures your assertion falls within the statute of limitations. Delaying a case for any reason may place you outside of the timeframe for filing a claim.
  • It increases the likelihood of gathering meaningful evidence. If you wait to pursue a claim, you may miss key pieces of evidence that could prove negligence, the severity of your injury, or other aspects of the case. Without tangible evidence, the amount you can obtain in a settlement or after a trial may not represent the full amount you deserve.
  • Fast action improves the quality of witness testimony. People tend to forget the details of an incident quickly after the fact. Even you may not remember the event very well if you pursue a case months later. Taking action quickly will allow your attorney to take more accurate statements and build a stronger case on your behalf.
  • It improves your ability to collect compensation more quickly. You are pursuing a claim because an incident has affected you in a life-altering way. Taking action sooner rather than later improves your ability to maximize compensation and start using it to regain your quality of life. Waiting to act could draw out the process, leaving you footing medical expenses and other bills you may have difficulty paying.

While a two year statute of limitations seems like a significant amount of time, it passes quickly. Months may pass from the time you discover your injury or obtain a diagnoses to hiring an attorney you can trust and taking action. A few weeks may not make much of a difference in some cases, but waiting for six months or a year to start the process of filing a claim could have an adverse effect on the outcome.

If you do suffer from an immediate and serious injury, you may not have a chance to pursue a claim until a later date. Your stay in the hospital after a serious injury also takes time away from the statute of limitations. Seeking legal advice and taking action as quickly as possible will improve your ability to hold a person responsible accountable for his or her behavior.

Steps to Take After an Accident

After any incident, whether you experience an injury or not, take the time to record any relevant information. In many car accident claims and other types of civil disputes, the effects of the incident do not arise until days or weeks after the fact. If you do experience difficulties at a later date, having the necessary information on hand will improve your ability to take legal action and obtain fair compensation from your case.

Take pictures, record what you remember, ask for witness information, and document any injuries and doctor’s visits thoroughly. This information will make piecing together a case much easier, particularly if your symptoms do not manifest until sometime after the accident. For more legal guidance on pursuing a claim in Texas, contact our Houston team to get started today.

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