If you have suffered a personal injury in Texas, you may be wondering if you have a legal right to seek compensation for your injuries. Fortunately, Texas law allows you to file a personal injury claim against the person or entity responsible for your injuries. However, it’s essential to understand that you have a limited amount of time to do so.
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The Statute Of Limitations Defined
The statute of limitations is the length of time you are legally allowed to bring a claim against someone for damages resulting from a specific event. In the case of a personal injury claim, it is the time frame you have to file a lawsuit against the individual or entity that caused your injury.
To promote fair court proceedings and ensure that evidence is still available, the statute of limitations exists for all legal matters.
Every state has its own statute of limitations for personal injury claims. It’s important to know what the statute of limitations is for your state as it can impact your legal rights to compensation.
Statute Of Limitations In Texas
If you’ve suffered a personal injury in Texas, you have two years from the date of the injury or discovery of the injury to file a personal injury lawsuit.
Texas Civil Practice and Remedies Code section 16.003 defines the statute of limitations for a personal injury claim.
It’s essential to understand that the statute of limitations varies depending on the type of personal injury claim. Below are some common examples of personal injury claims with their respective timeframes in Texas:
- Two years from the date of the injury or diagnosis/misdiagnosis for medical malpractice claims.
- Two years from the date of the injury or violation of the law in the case of assault or sexual abuse claims.
- Two years from the date of the injury or damage for property damage claims.
- Two years from the date of the injury or discovery of the exposure to toxins in toxic tort claims.
Why Statute Of Limitations Matters
If you don’t file a personal injury lawsuit within the statute of limitations, the court may dismiss your case entirely. This means that even if your injuries are severe and the person or entity responsible for your injury is entirely liable, you won’t receive any compensation for your damages.
Furthermore, waiting too long to file a personal injury lawsuit could lead to significant consequences in your case. Evidence can be lost, injured parties can move away, and medical records can be challenging to obtain as time goes by.
Exceptions To The Statute Of Limitations
While two years is the standard statute of limitations for personal injury claims in Texas, there are some exceptions that could prolong or shorten the amount of time you have to file a claim.
For example, if the defendant is a minor, the statute of limitations could be paused until the child reaches legal adulthood. Additionally, there may be extensions in cases where the injury wasn’t immediately apparent.
Seek Legal Advice
If you’ve suffered an injury, don’t wait to seek legal advice. An experienced personal injury lawyer can evaluate all aspects of your case, including the statute of limitations, and guide you through the claims process.
Legal counsel can help you gather evidence, consult with experts where necessary, and get you the compensation you deserve.
Conclusion
The statute of limitations is a crucial aspect that determines whether or not you can file a personal injury lawsuit in Texas. It’s essential to act quickly and reach out to an experienced personal injury lawyer as soon as possible. An expert in this area of the law can guide you through all the legal formalities and build a strong case to ensure you receive the compensation you deserve.