If you’ve suffered an injury and believe someone else is at fault, you might be considering a lawsuit. Legal action can help you get the money you need to recover financially, physically, and emotionally.
You may start wondering, how long do I have to sue for an injury? The answer depends on the state where you live or where the accident took place.
In Texas, you have two years to sue for personal injury. You must file a claim with the court within two years of your injury, or your claim will be invalid.
If you believe you may have a personal injury claim, it’s important to speak with a lawyer as soon as possible to discuss your options and the timeline for your lawsuit. Our lawyers welcome your calls at 206-741-1053.
What Is Personal Injury?
Personal injury law is part of tort law — the collection of laws that help people get compensation and justice when someone harms them or their property. Tort law addresses personal injury and property damage.
Property damage covers possessions, while personal injury covers harm to the individual. Situations that often result in personal injury claims include:
An injury may justify legal action if all of the following apply:
- The other party had a legal responsibility to protect you from harm. For example, drivers have the responsibility to follow the rules of the road and not become distracted.
- The other party breached that duty, whether by negligence (failure to take reasonable care) or intent (the desire to cause harm).
- The breach caused the injury. You can’t sue if you hit a telephone pole because seeing another driver on their phone distressed you.
- There were measurable damages. Emotional distress on its own is not measurable and can’t be the subject of a lawsuit. However, you can sue for emotional suffering if the incident involved a monetary loss, such as lost work hours or mental health expenses.
Assuming you have a valid personal injury claim and file a lawsuit, you can claim damages for all of the ways the incident affected your life financially. For instance, many injuries require the injured person to seek rehabilitation and physical therapy. If you miss work to receive those services, you may qualify for compensation.
If you’re unsure whether your personal injury case is valid, or to get an estimate of how much you could receive, talk to one of our personal injury lawyers.
How Long Do I Have to Sue for an Injury?
When you’ve suffered an injury, financial compensation might not be the first thing on your mind. Serious accidents are traumatic and upsetting, and recovery requires intense time and energy. If you’re in pain, you might find it difficult to focus on anything else.
You might not even know whether you want to file a lawsuit.
Maybe you realize, after a few months, how much your recovery will cost or how long you’ll be out of work. Or maybe you didn’t initially realize you might have a case.
Months pass. You start to wonder if you’ve waited too long to sue. How long is too long to sue for personal injury?
The answer depends on where you live. Each state has its own time frame for filing a personal injury lawsuit. That time frame is called a statute of limitations.
In Texas, where we practice, the statute of limitations for personal injury is two years from the date of the incident. You must file a claim with the appropriate court within that period.
Most Texas claimants file their personal injury lawsuits in state court. However, if the value of your claim is less than $10,000 but above $200, you will usually file with a county court. Our personal injury attorneys can help you navigate this process and file with the correct court.
How Do I File a Personal Injury Lawsuit?
Once you make the decision to file, your first step should be to hire an attorney. Our personal injury attorneys are on your side throughout the process, from when you enter our office to the court’s final decision.
The lawyer will investigate the facts of the case to clarify fault, liability, and potential damages. Damages may cover losses due to physical, mental, and professional harm. Examples of recoverable damages include:
- Medical and rehabilitation bills
- Personal care services
- Lost earnings
- Costs of modifying your environment (e.g., installing wheelchair ramps)
- Emotional and physical suffering.
Your lawyer will help you file the correct documents with the court. Once the case is open, you’ll provide evidence and official statements. Your lawyer and the courts will use that information to determine your next steps, including whether or not your case will go to trial.
How Long Does an Injury Settlement Take?
Many personal injury claims settle without ever going to trial. A settlement means you and your attorney deal directly with the other party and their legal team. The other party may be an individual but is often an insurance company, as in the case of car accidents or medical malpractice.
If you settle, you agree on compensation and terms outside of court. Your personal injury attorney will advise you throughout the process. Settlements are private and typically resolve much quicker than trials. Once you agree to the terms, you usually receive a payment within 30 days.
Some matters don’t resolve in settlement or the plaintiff — the person filing the lawsuit — chooses to go directly to trial. Trials are unpredictable in length and may be prolonged if either party is delayed in providing information. The question of “how long does an injury settlement take” is always more complicated when a trial is involved, but it’s almost always slower than settling.
How Long to Sue for Personal Injury: Where to Get Answers
A personal injury lawyer is your strongest asset when filing a lawsuit. Before choosing your lawyer, make sure they have:
- Experience with your case type
- A strong track record of results
- Testimonials from past clients similar to you
- A billing process that works with your budget.
Personal fit also matters. It’s important to hire an attorney you trust and feel comfortable relying on as an advocate.
If you’ve been injured in an accident, you don’t need to fight alone. Our personal injury lawyers are here to evaluate your case and answer your questions, including how long you have to sue for personal injury. Call us today at (713) 973-8888.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
