In Texas, the statute of limitations for personal injury claims is 2 years from the date of the accident (Texas Civil Practice & Remedies Code, section 16.003). This means if you do not file a lawsuit for your case within this 2-year period, you will likely lose your right to seek compensation through the court.
Because of this deadline, it’s important to not procrastinate in preparing to file your personal injury claim. It takes time to gather evidence, and some evidence may deteriorate over time or become more difficult to retrieve. If you believe you have a valid personal injury case, do not wait to reach out to a Braker White personal injury lawyer for a free case review.
Exceptions to the Personal Injury Statute of Limitations in Texas
While the general statute of limitations for personal injury claims in Texas is 2 years from the date of the injury, there are some important exceptions that may extend this period.
- Minor Plaintiffs: If the person who suffered the injury was under the age of 18 at the time of the accident, the 2-year statute of limitations does not begin until they reach the age of maturity (18 years). This means a minor has until their 20th birthday to file a personal injury lawsuit.
- Mental Incapacity: If the injured party is mentally incapacitated at the time of the injury, the statute of limitations may be paused until the incapacity is lifted. This is to ensure that those who are unable to legally advocate for themselves due to mental incapacity are not deprived of their right to seek compensation.
- Discovery Rule: For some injuries, the effects may not be immediately apparent. In these cases, the discovery rule may apply, and the statute of limitations starts at the date the injured party discovered (or should have discovered) the injury. This is often applicable in medical malpractice cases.
- Defendant’s Absence from the State: If the defendant leaves the state of Texas after causing an injury and before a lawsuit can be filed against them, the time of their absence may not be counted against the statute of limitations. This prevents defendants from avoiding litigations by temporarily moving out of the state.
- Fraud: If the defendant has concealed their wrongdoing or the facts of the case through fraud, the statute of limitations may be delayed until the plaintiff discovers (or could have discovered through reasonable diligence) the injury or fraud. This prevents defendants from using deception to avoid liability.
- Injury Claims Against the State of Texas: The statute of limitations for claims made against the State of Texas is 6 months, rather than 2 years (per the Texas Tort Claims Act).
- Wrongful Death: In wrongful death cases, the statute of limitations may have different timing. It often begins from the date of the person’s death, rather than the date of the accident, depending on details of the case.
What If I File My Personal Injury Lawsuit After the Deadline?
If you fail to file your lawsuit before the two-year window closes, the court may refuse to hear your claim. Meaning you lose your chance to pursue compensation.
There are rare exceptions that may allow you extra time to file. So if you find yourself in this situation, contact our personal injury attorneys to find out if you still have a chance to pursue compensation through the court.
Why Does Texas Have a Statute of Limitations?
There are several reasons why there is a statute of limitations for personal injury cases in Texas:
- To provide a level of fairness for the defendants. A statute of limitations provides a sense of stability for defendants knowing that they won’t face indefinite risk of having a lawsuit filed against them for an alleged injury.
- To preserve evidence integrity. Over time, evidence can become less reliable. Physical evidence may deteriorate, witnesses’ memories fade, and documents can become lost, destroyed, or more difficult to retrieve.
- To maintain judicial efficiency. Limiting the time frame for filing lawsuits can help manage the court’s workload, ensuring cases are resolved in a timely manner. It also encourages prompt action for those who have been injured, which helps achieve swift resolutions of disputes.
- To maintain economic stability for all parties involved. For businesses, knowing there is a finite window in which they can be sued for personal injuries allows for more predictable risk management and long-term planning. This ensures that businesses are not perpetually vulnerable to lawsuits from incidents that occurred many years in the past. For injured people, it means securing compensation for expenses before the total cost becomes too high to manage, which can lead to further financial damage like overwhelming debt, loss of assets, bankruptcy, etc.
Avoid Missing the Deadline with Attorney Robert White
Far too many cases are not filed soon enough after an accident. As a result, claims are dismissed and many people are left without compensation for devastating accidents that were not their fault. To avoid this, contact us as soon as you suffer a personal injury.
The Braker White legal team is dedicated to helping residents of the greater Odessa and Midland areas with their personal injury cases. We work on a contingency fee basis, which means you don’t pay us anything unless we secure compensation for you–there’s no risk in contacting us today to schedule your free case review.
Recent Comments