If you suffered injuries in an accident caused by another party’s negligence, you could pursue a personal injury claim.
However, you only have a limited amount of time to resolve your case before you need to file a lawsuit.
This deadline is the Texas personal injury statute of limitations.
In most personal injury cases, you have two years from the date of injury to file a lawsuit. Failure to file within the allotted timeline means you will likely be forever barred from seeking recovery.
There are exceptions to the two-year deadline, which can decrease or increase the time you have to file a lawsuit. Don’t jeopardize your potential compensation by inadvertently missing the deadline. Speak with a Texas personal injury lawyer at the onset of your case.
Exceptions and Tolling of the Personal Injury Statute of Limitations in Texas
Several situations can temporarily stop the clock from running in your case. This tolling essentially extends the statute of limitations and gives you additional time to file a lawsuit.
Examples include the following.
- If the defendant leaves the state, the clock stops running until the person returns so you can serve them with a lawsuit. The time starts running again when they return.
- If the victim is under 18 or has a legal disability that renders them of unsound mind at the time of the incident, the two-year countdown does not start until the victim becomes mentally competent or turns 18.
- The delayed discovery rule applies when a victim is not immediately aware of their injury. The countdown begins once the victim knows or should have known they have an injury.
- If the victim dies from their accident-related injuries in the days, weeks, months, or years after the incident, the surviving family members would typically have two years from the date of the victim’s death to file a wrongful death lawsuit.
These are only four examples of situations that could alter the filing deadline for your injury case. Do not assume the statute of limitations for personal injury in Texas is always two years. Please speak with one of our skilled personal injury lawyers who can advise you on the deadline that applies in your case.
What Happens if You Miss the Texas Personal Injury Statute of Limitations?
Missing the statute of limitations can result in the court dismissing your case. That means you will not be able to pursue compensation. Judges are not very forgiving regarding missing the deadline imposed by the statute of limitations.
It does not matter if you were in the middle of negotiating a settlement. The defendant’s insurance adjuster will not continue negotiations without proof of preserving the statute of limitations.
The Importance of Filing a Lawsuit in Texas
Understandably, some victims may be hesitant to file a lawsuit. Filing a lawsuit doesn’t mean you are forced to take your case to trial before you have had ample opportunity to settle the case. You can continue negotiating a potential settlement once the case enters the litigation stage.
Other victims may also be concerned about the expenses of filing a lawsuit. You won’t need to advance any fees when you hire a personal injury lawyer.
We don’t bill hourly at Fadduol, Cluff, Hardy & Conaway, P.C. Instead, we work on a contingency basis. That means you won’t be charged any attorney’s fees unless and until we successfully recover compensation on your behalf.
Contact Our Texas Personal Injury Lawyers
It’s crucial to protect your rights. The best thing you can do for your case is to contact a lawyer immediately following your accident. Fadduol, Cluff, Hardy & Conaway, P.C. has provided high-quality legal representation to Texas residents for decades.
When you retain our firm, we will be there every step of the way. We will handle any challenging aspects of your case, including communication with the defendant’s insurance company.
Your lawyer will ensure a lawsuit is filed within the statute of limitations. You don’t need to worry about missing the filing deadline when you hire Fadduol, Cluff, Hardy & Conaway, P.C.
Related articles that you might be interested in:
New Mexico Personal Injury Statute of Limitations Overview
New Mexico Car Accident Statute of Limitations Overview
What Is the Texas Car Accident Statute of Limitations?