Understanding the Texas Statute of Limitations - Personal Injury

In Texas, the statute of limitations for personal injury is two years. This means that you have a maximum of two years from the date of the accident to initiate legal action against the individual or entity accountable for your injury.

Knowing the statute of limitations is vital when handling personal injury cases in Texas since it provides a due date within which a lawsuit should be filed. The implications of the statute of limitations regarding personal injury cases in Texas for any individual seeking to resolve a dispute through legal means due to injuries suffered as a result of negligence on the part or action taken against someone else is vital.

What is the Statute of Limitations?

A statute of limitations is one of the important legal concepts that set out a time frame during which an individual must initiate lawsuits following actions deemed to be condemnable.

Specifically, in the state of Texas these time limits are defined as set out in The Texas Civil Practice and Remedies Code Chapter 16 pertaining to the limitation period within which legal actions should be brought. In the field of personal injury lawsuits, it is an essential element in which justice must be sought simultaneously and fairly.

Texas Personal Injury Statute of Limitations

In most personal injury claims in Texas, the major limitation is generally two years. It implies that if a victim gets hurt because of other people’s negligence, he or she has two years from the date of injury to file personal injury law suit seeking damages.

This two-year limit applies to a variety of personal injury cases including:

• Personal injury itself
  
• Property damage
  
• Wrongful death
  
• Car accidents
  
• Medical malpractice
  
• Product liability
  
• Slip and falls

It is important to point out that the statute of limitations may vary according to nature and specific circumstances involved. For instance, medical malpractice plaints could have another statute of limitation with respect to motor vehicle accidents. It's best to consult with a qualified personal injury lawyer immediately to determine the specific statute of limitations for your case.

By understanding and adhering to the statute of limitations, you can ensure that your legal rights are protected and that you have sufficient time to pursue the justice and compensation you deserve.

Personal Injury Texas Statute Exceptions to the Rule

Although a two-year statute of limitations generally applies to personal injury claims in Texas, there are several exceptions. These exceptions may either increase or reduce the period of limitation for a lawsuit.

Some common exceptions include:

• Minors: If the injured person is below 18 at the time of incident, then they have two years from their birthday to file a personal injury lawsuit or claim.
• Mental incapacity: When the injured person is mentally incapacitated, tolling of statute will apply until mental capacity recovery.
• Government entities: In filing for a personal injury claim against the government of Texas, one must do so by presenting written notice within six months from the incident. If this is not done, your claim may be rejected. As for claims against the state of Texas, there are certain rules and constraints. The Texas Tort Claims Act (Texas Civil Practice and Remedies Code, Chapter 101) describes the process and limitations for these claims. It should be pointed out that liability of governmental organizations differs from the situation with private parties.
• Discovery rule: However, in some cases, the statute of limitations may be extended on diseases that were not always apparent and could not have been discovered with due diligence. This is referred to as the discovery rule and may be applied in a medical malpractice or product liability cases.
• Sexual abuse cases: For instance, in Texas there are some types of injuries that may have a longer statute of limitations for sexual offenses which can be up to five years. Furthermore, in the event that a person injured is living under legal disability such as when he was still insanity or being minor at this time of accrual known as acquirement action can affect statute of limitations.

However, it is important to note that the above exceptions are not final and others can still arise in your case. This is why it is important to talk to a qualified personal injury law attorney immediately after an accident or being injured.

Importance of Adhering to the Statute

The failure to file a lawsuit within the statute of limitations means that such persons lose their right for suing. Of course, these time limits must be considered because they differ depending on the nature of the claim and jurisdiction. This acts to make sure that the injured person is not rushed because of issues such as gathering evidence and legal consultation, among others.


When individuals realize and respect these time limits, they can redeem their legal rights as well as increase the chances of realizing success in an irreversible consequence claim.

Due to the challenges of personal injury law and Texas statute of limitations, talking with a competent lawyer can be invaluable. They can also offer advice on the details of your claim, and assist you in filing it within a reasonable period.

Conclusion

Navigating the complexities of the statute of limitations for personal injury in Texas requires understanding the specific time limits and exceptions that apply. If you're dealing with a personal injury situation, it's advisable to seek legal advice from an experienced personal injury attorney to ensure that you're fully aware of the deadlines for filing your lawsuit.

John Ball has years of experience in handling personal injury cases under the Texas law as an attorney. He knows the value of complying with a statute of limitations, the limitations period and his commitment is to ensure that clients receive all legitimate compensation.

Contact John Ball today for a free consultation regarding your personal injury case. Do not allow this time to pass before you can pursue the search for justice.

This blog post is purely informational and not meant to be legal advice. In case you need legal help, it’s always better to seek the advice of a competent lawyer.