How Long Do You Have to File an Injury Lawsuit in Texas?
In Texas, you have up to two years after an accident or injury to file a lawsuit against the at-fault party.
Accidental injuries often happen suddenly, while the impacts you suffer linger for years into the future. Even relatively minor accidents can result in personal injuries that are severe, resulting in lost wages, ongoing medical costs, and potentially permanent disabilities. Fortunately, Texas law allows up to two years for you to file a personal injury lawsuit seeking compensation for your damages. While this may seem like a long time, you should not wait. Evidence can disappear. To be safe, if you even suspect you may have a serious injury, you need an experienced attorney on your case right away to help ensure the best possible outcome.
The High Cost of Personal Injuries
Personal injuries are often referred to as ‘accidents’, but they are generally the result of negligent and reckless behavior on the part of others. Common ways in which these injuries occur include:
- Car, truck, and motorcycle accidents;
- Bicyclist and pedestrian accidents;
- Slips, trips, and falls,
- Being struck by or against an object;
- Dog bites and animal attacks;
- Dangerous and defective products;
- Acts of violence.
Any of the above can leave you suffering injuries that take weeks, months, or even years to heal. During this time, you will likely continue to incur medical expenses, lost income, and other out of pockets costs. For car accidents alone, the Texas Department of Transportation (TxDOT) estimates the financial toll at more than $38 billion each year.
Filing a Personal Injury Claim In Texas
Depending on the circumstances surrounding your injury, you may be entitled to compensation through the at fault party’s insurer. This may be an automobile insurance company, or policies put in place by homeowners or business property owners. Unfortunately, dealing with insurance companies can be challenging. As a business, their bottom line is profits, which gives them a financial incentive for denying or undervaluing a claim. An experienced Austin personal injury attorney can help you in these negotiations, helping you get the maximum amount you are entitled to.
In cases where an insurance settlement cannot be reached or the amount fails to compensate you for all of your losses, your best bet may be to file a personal injury lawsuit against the at fault party in court. Under the Texas statute of limitations, you have up to two years to file your claim.
In addition to allowing time for collecting evidence and insurance negotiations, this also allows time to determine whether your injuries are likely to result in permanent disabilities. Compensation you may be entitled to through a personal injury lawsuit includes:
- Current and future medical expenses;
- Lost wages and future losses in earnings and benefits;
- Compensation for pain, suffering, and loss of quality of life;
- Punitive damages, meant to punish at fault parties for particularly reckless and willful actions.
Austin Personal Injury Attorney Steven G. Nagle Is Here to Assist You
To ensure you get the maximum amount you are entitled to for your injuries, contact Austin attorney Stephen G. Nagle. Request a consultation to discuss the options in your case and the amount of compensation you need to recover.