Texas Statute of Limitations for Personal Injury Cases

If you have been injured due to another party’s fault, you have the right to seek compensation for your damages. However, you must file your claim within a specific period. The time for bringing your claim is known as the statute of limitations. If you fail to bring your claim during this period, you will be barred from seeking recovery for your damages. Texas has a two-year statute of limitations for most personal injury claims. However, there are exceptions. Depending on the facts of your case, you could have a shorter deadline. Under some circumstances, you may be able to extend the statute of limitations.

You need to seek the advice of an experienced Dallas personal injury attorney as soon as possible after your accident or as soon as you believe you have been injured. It is critical that you immediately determine the statute of limitations for your case. Additionally, you want to gather and preserve important evidence right away before it is lost or diminished.

Texas Personal Injury Statute of Limitations and Exceptions

For most personal injury claims, Texas has established a two-year statute of limitations. That means that you usually have 2 years from the time you were involved in an accident to file your claim. There are exceptions to the two-year rule. Some deadlines are shorter.

You may be able to extend the two-year deadline in specific situations if you can prove the requirements for the exception apply to the facts of your case. The exceptions to the standard Texas personal injury statute of limitations include the absence of the defendant, legal disability of the plaintiff, the plaintiff not knowing they had been injured, and the defendant being a government entity.

If the defendant is absent from the State of Texas, the statute of limitations period is paused. This means the time the defendant is out of state does not count toward the two years. However, as soon as the defendant returns to Texas the pause ends and the clock continues its countdown.

Likewise, if a party is under eighteen years of age or is mentally incapacitated, the statute of limitations countdown does not begin until they reach eighteen or they regain mental competency.

There may also be an exception to the two-year from injury rule if the plaintiff did not immediately know they had been injured by the defendant. In this case, the countdown to the deadline would not begin until the injured party knew or should have known that they had been injured, or that the other party was at fault for their injury.

The standard personal injury statute of limitations also does not apply if the defendant is a government entity. For these cases, the Texas Tort Claims Act usually applies. Most of the time, the deadlines for state and municipal entities range from 30 days to six months. Knowing your deadline and timely filing your claim are essential. If you miss your deadline you will likely be unable to recover any compensation for your damages.

Do not wait to contact an experienced Dallas accident attorney to discuss your case and learn your statute of limitations.

Why Do We Have Statutes of Limitations?

Having a deadline for filing a personal injury claim supports several important principles. First, a statute of limitations gives an injury victim adequate time to know they have been harmed and to determine their best course of action. However, it also ensures claims are not dragged out indefinitely. This balances the need of the injured party to seek damages with the desire to keep our justice system running efficiently.

A statute of limitations also helps ensure that important evidence can be collected and preserved. Evidence is often lost or diminished over time and it can be difficult for plaintiffs to prove their claims and for defendants to defend against those claims when the evidence is lacking. A statute of limitations also helps prevent lawsuits from occurring many years after an accident for unethical purposes such as harassing a party.

How An Experienced Texas Personal Injury Attorney Can Help

You need the support of an experienced and successful Texas personal injury lawyer if you have been injured because of another party’s negligence or wrongdoing. Determining the statute of limitations applicable to your claim is one of the first things your attorney will do. Your attorney can advise whether your claim fits one of the exceptions to the two-year rule.

For example, if one of the defendants is a government entity, you will have to file your notice and claim much sooner. Likewise, your attorney will let you know if you have a longer time to file. In addition, your attorney will get to work gathering and preserving essential evidence for your case before it is lost or destroyed. Some of the types of evidence your attorney will look for to support your claim may include:

• Witness statements while the facts of the incident are still fresh for the witness
• Surveillance camera video that could be deleted or replaced by new images if not collected promptly
• Photographs or video images of the accident scene, injuries, or evidence such as dangerous road conditions that exist at the time of an accident
• Police reports
• Medical records
• Expert witness reports

Experienced, dedicated personal injury attorneys will consider all possible sources of evidence to support your claim and will promptly begin gathering that evidence to build your strongest case. Your experienced Texas personal injury attorney will also handle all negotiations with insurance company representatives. A personal injury attorney with a proven record of success will know all the tactics and maneuvers the insurance companies and the defendant’s attorneys use to try and deny or minimize their liability.

You need a personal injury attorney who is an excellent negotiator who tries to settle your claim outside court for maximum compensation. However, when a fair settlement is not reached, your attorney should be prepared to take your case to trial to get you justice and every dollar you deserve. Let Bush & Bush Law Group protect your rights and fight to get you the maximum compensation you deserve. Schedule a free consultation today.