Have you recently suffered injuries from a slip-and-fall accident? Your time to seek compensation is limited. Texas, Oklahoma and Arkansas set strict deadlines for filing personal injury claims, known as the statute of limitations. Missing these deadlines can permanently bar you from receiving the compensation you may be entitled to for medical bills, lost wages and pain and suffering.
Deadlines for filing a lawsuit
Texas and Oklahoma give you two years from the date of the injury to file a personal injury lawsuit, including those for slip-and-fall accidents. If you fail to pursue a claim within this period, courts will almost certainly dismiss your case.
Arkansas offers a slightly longer window for these claims. There, you generally have three years to file a personal injury lawsuit after the date of your slip-and-fall injury. Though a year longer than neighboring states, this deadline is still rigid and unforgiving.
Keep in mind that all three states have exceptions that can shorten or lengthen this timeframe, such as if a government entity owned the property or if the injured party was a minor.
Prompt filing of claim is critical
Although state law gives you two or three years to file, waiting to take legal action can severely hurt your case:
- Evidence disappears: The hazardous condition that caused your fall, such as a spill or an unrepaired broken step, can be quickly fixed or cleaned up. Surveillance footage may be overwritten within days or weeks. Photos taken close to the time of the accident can provide crucial, time-sensitive proof.
- Witness memory fades: Witnesses will remember the details of your fall much more clearly closer to the date of the incident. Delaying your claim makes witness statements less reliable and harder to obtain.
- Proving causation: The at-fault party’s insurance company may argue that your injuries were not caused by the slip-and-fall if you wait too long to seek medical attention or file a claim. Prompt action and medical documentation directly counter this defense.
- Negotiation leverage: Insurance companies recognize the statute of limitations. As the deadline nears, they gain leverage, knowing you have limited time to file a formal lawsuit. Filing quickly tells them you are serious about pursuing your claim.
The longer you wait, the harder it becomes to build a strong slip-and-fall case.
Take the next step now
The clock starts the moment you fall. Two or three years may pass faster than you expect, especially while you focus on recovery. If you miss that window, no court can help you.
The most responsible decision you can make after a slip-and-fall is to immediately discuss your case with a lawyer who understands the time constraints and can immediately begin the process of evidence gathering and filing.