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How Soon After an Injury Do I Need to File a Lawsuit?

Personal injury claims in Texas have a two-year statute of limitations, which means you have a two-year countdown from the day you were injured to file the lawsuit. This is the most basic reason to move quickly and hire a personal injury attorney when you’ve been hurt. Many cases have been dismissed because plaintiffs simply did not file a suit quickly enough, and their opportunity for justice was lost.

The only exception to the statute of limitations is the “discovery of harm” rule, although this primarily applies to medical malpractice and wrongful death cases. Essentially, if the plaintiff had reasonable cause to be ignorant of their damages, the two-year countdown begins when they find out the issue. For example, if a surgeon causes an issue that does not manifest for five years, then the statute does not apply.

However, there are other reasons to file a lawsuit soon after an injury:

  • Your medical bills are growing overwhelming
  • Documentation will be easier to find and prove
  • Legal and insurance deadlines are less likely to be missed
  • The necessity of your claim will be more strongly argued
  • Loss of earning potential is affecting your quality of life
  • Your memory of the details will be sharper and easier to prove

Ultimately, a personal injury attorney takes the facts of your story, investigates testimony and documents to back them up, and presents the findings to a judge or jury. Strong details are easily corroborated when memories are fresh. While you may believe that you won’t forget anything important, the longer you wait, the weaker your case may become. Filing your suit within days or weeks of the incident builds a better case than waiting a year or longer.

Regardless of the circumstances of your injury case, you’ll need a personal injury attorney in your corner. In addition to our work on your behalf in the courtroom, we also have extensive knowledge about the discovery process. We ensure that no detail is left out that could validate your case and maximize your recovery amount. Finding those details quickly is crucial, so if you have a claim—contact FVF, LLP today.



Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

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