When you are dealing with a personal injury case, it’s critical to understand that you have a limited timeline in which your lawsuit or claim can be filed. Too often, victims procrastinate on this process, which means that they miss out on the opportunity for compensation. If you are wondering about the statute of limitations in personal injury, then don’t delay a conversation with our legal team. At Green Law Firm, we are here to help with the details of your case, including filing deadlines to maximize your legal options.
Keep this in mind: if you miss the statute of limitations deadline, then it usually means that you lose the right to be compensated for your damages. The rules for statute of limitations in Texas personal injury cases applies to all types of personal injury claims, including slip and falls, car accidents, work injuries, and more.
Statute of Limitations Texas Personal Injury: What You Need to Know
Most accident victims are missing a lot of important information if they attempt an insurance settlement without consulting with a Texas attorney. Remember that the insurance companies are working hard to avoid payment or minimize the amount of money that they need to pay. So, no one is going to remind you about the Texas injury lawsuit deadline.
A personal injury attorney can help you stay on track so that you don’t miss these important deadlines. Generally, the deadline for filing is 2 years after the day the injury occurred. If you file after this two-year mark, then it’s likely that your case will be dismissed.
It doesn’t matter how severe your injuries were or the amount of evidence that you have to prove liability. You won’t have the opportunity to pursue your case if you miss the personal injury statute of limitations in Texas.
Car Accidents and Auto Injuries
When a car crash happens, you have two years from that date to sue for any injuries or property damage that you experienced. This timeline applies to all victims, including the driver, passengers, pedestrians, cyclists, etc.
Slip and Fall or Premises Liability
The same timeline applies to slip and fall accidents. The personal injury statute of limitations in Texas requires that all claims be filed within two years of the date of the slip and fall. This category covers all types of accidents that happened due to unsafe conditions on another person’s property.
Workplace and Construction Injuries
The 2-year Texas injury deadline is also in effect for any injury claims that are not related to workers’ compensation. But, if you have a situation where workers’ compensation is involved, then there might be different rules and timelines that apply to your situation.
Why You Shouldn’t Wait for the Deadline
When you think about 2-years for statute of limitations in personal injury, then it might feel like you have a lot of time to file your claim. But don’t underestimate the importance of taking action as quickly as possible. Some of the evidence that can help with proving your case needs to be collected immediately. For example, if you wait for a year and a half before gathering evidence, then eyewitness memory and surveillance footage can fade over time.
It’s common for insurance companies to use an expired deadline as part of their defense. You want to file so far in advance that there is no question about whether you made it in time for the deadline. The sooner you file, the better!
Plus, remember that it will take time to build your case and gather evidence. Instead of wondering how long to file a personal injury claim, your best strategy is to get started immediately. As soon as the accident happens, it’s important to reach out to an experienced personal injury lawyer right away. They can build a solid strategy and ensure that you have leverage in the settlement negotiations.
Exceptions to the Statute of Limitations in Texas
Even though the 2-year rule applies in most situations, there are a few exceptions that can change this timeline. For example, the Texas injury lawsuit deadline might be paused or extended for the following reasons:
- Cases Involving Minors: If children were involved, then the statute of limitations clock usually starts when the child turns 18.
- Discovery of Injury Rule: Sometimes, the injuries aren’t discovered within the statute of limitations. If the injury wasn’t immediately apparent, then the 2-year time limit starts when the injuries are discovered.
- Mental Incapacitation: If a personal injury victim was unable to file their claim because of mental issues, then this deadline might be delayed.
- Fraud: When the situation was covered up by the liable party, then it could extend the statute of limitations timeline.
FAQs
How long is the statute of limitations for personal injury in Texas?
In most cases, you have 2 years from the date of the injury to file a lawsuit.
Are there different deadlines for car accident lawsuits?
No, car accident injury claims in Texas also follow the standard 2-year deadline.
Can I still file if the injury wasn’t discovered right away?
Yes, under the discovery rule, the clock starts when the injury is reasonably discovered.
What exceptions allow more time to sue in Texas?
Exceptions include cases involving minors, mental incapacitation, or intentional concealment by the defendant.
How a Lawyer Helps You Stay Ahead of the Texas Injury Lawsuit Deadline
The most important decision you are going to make is hiring an experienced personal injury attorney who will build your case and help you stay ahead of all of the filing deadlines. Our legal team is here to assist with all of the filings and compliance requirements, with the goal of ensuring a successful outcome for your case. We want to help you receive the compensation that you deserve.
There is no reason why you should delay this process. Contact us right away so that we can start building your case and collect evidence. Even if your case is valid and you have strong evidence, waiting for too long could cause you to miss out on available compensation.
Green Law Firm is just a phone call away. Contact us when you are ready to schedule your free, no-obligation consultation: (956) 542-7000.
