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When Can I File a Personal Injury Lawsuit?


when-can-i-file-a-personal-injury-lawsuit-wormington-and-bollingerIf you think you might have a personal injury lawsuit on your hands, the first thing you need to do is find out what the timeline is for filing this type of case in Texas. The personal injury lawyers at Wormington & Bollinger will be able to advise you on this, helping you get any documents or evidence together and ensuring everything is filed before the deadline. Depending on the nature of your case, there may be a few other dates and deadlines to keep in mind.

There are many different kinds of personal injury cases, just like there are numerous things that can go wrong, resulting in injury. From a car accident or slip and fall incident to injuries caused as a result of a defective product or medical mistake made by a doctor, personal injury law is one of the broadest. There are many factors to consider when pursuing a personal injury claim, including the severity of your injuries, what or who caused your injuries, and what type of damages you are seeking. Regardless of the circumstances surrounding your case, the time just after you’ve been injured can be stressful and confusing. This is why we encourage you to contact a personal injury lawyer and discuss your rights. We encourage you to do this as soon as possible, as there are a series of limitations in place that will govern when you can file a lawsuit.

How to File a Personal Injury Claim

Before you pursue a personal injury claim, it is important to note that most cases take one to two years before going to trial. Your case will likely not be resolved quickly, so just keep that in mind moving forward. It is also important for you to pay attention to the statute of limitations in the state you will be filing the lawsuit. In Texas, the statute of limitations varies depending on the type of case. The majority of claims must be filed within two years from the time of the incident, however, there are several types of cases that must be filed within one year (such as slander and libel).

Your McKinney personal injury lawyer will be able to offer you more detailed instructions as to these statute of limitations, ensuring you get everything filed on time and have all the necessary paperwork together. There may also be an exception to the rule, or you may have grounds for a different or additional claim with its own statute of limitations. To learn more about this, please contact Wormington & Bollinger today.

Steps to Take When Filing a Personal Injury Lawsuit

Once you’ve determined the statute of limitations for your personal injury claim, there are a few steps you should take right away. These include:

  • File a petition that includes the names of all parties involved, what legal grounds you have for filing a lawsuit, and the damages you are seeking
  • Collect evidence that can support your claim
  • Document everything that happened to you after the accident, including any medical care you received or time off work
  • Get the names and contact information of all witnesses
  • If you talk to anyone about your case, be sure and take notes about your conversation

To learn more about filing a personal injury lawsuit in Texas, please contact Wormington & Bollinger today and set up a free consultation.