What’s the Statute of Limitations on Personal Injury in Texas?
The statute of limitations is a critical aspect of personal injury cases. It refers to the time frame within which a lawsuit must be filed to seek legal recourse. Missing this deadline can permanently bar victims from pursuing compensation. In Texas, understanding how the statute of limitations works is essential for ensuring your rights are protected and your claim remains valid.
What Is the Statute of Limitations for Personal Injury in Texas?
In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. This means you must file your lawsuit within this two-year period to maintain your legal rights. Cases that fall under this statute include:
- Car accidents
- Truck accidents
- Motorcycle and bicycle accidents
- Slip-and-fall incidents
- Workplace injuries
- Product liability claims
Why the Statute of Limitations Matters
Failing to file within the two-year limit means you forfeit your right to pursue compensation through the courts. The statute ensures legal disputes are resolved while evidence is still fresh and witnesses’ memories remain reliable.
Exceptions to the Statute of Limitations
While the two-year period is the general rule, exceptions may apply depending on the circumstances of the case.
1. Discovery Rule
In certain cases, injuries may not become apparent immediately. For instance, internal injuries or illnesses caused by exposure to harmful substances may take months or even years to manifest. Under the discovery rule, the statute of limitations begins when the injury is discovered or should reasonably have been discovered.
2. Injuries Involving Minors
If the injured party is a minor, the statute of limitations is typically paused until they turn 18. This means the two-year period begins on their 18th birthday, allowing them until their 20th birthday to file a claim.
3. Claims Against Government Entities
When filing a claim against a government entity, such as for injuries caused by a government vehicle or unsafe public property, stricter deadlines apply. In Texas, you generally must file a notice of claim within six months of the incident. This notice is separate from the two-year statute of limitations and must be adhered to.
4. Mental Incapacitation
If the victim is mentally incapacitated due to the injury or a pre-existing condition, the statute of limitations may be paused until the individual regains capacity.
Steps to Protect Your Rights Within the Statute of Limitations
To ensure you don’t miss the filing deadline, it’s essential to act promptly after an injury.
1. Seek Immediate Medical Attention
Receiving medical care not only protects your health but also provides critical documentation of your injuries, which is essential for your claim.
2. Consult an Attorney Early
Reaching out to a personal injury attorney soon after the incident allows them to begin building your case immediately. This ensures key evidence is preserved, witnesses are contacted, and deadlines are met.
3. Document the Incident
Collect evidence such as photographs, witness statements, and official reports. These details are crucial for establishing liability and calculating damages.
4. Avoid Delaying Your Claim
Even if you feel you have plenty of time under the statute of limitations, delays can harm your case. Evidence may be lost, and witnesses’ memories can fade, weakening your claim.
Factors That Affect Your Case’s Timeline
While the statute of limitations provides a strict deadline, other factors may influence how quickly your case progresses:
1. The Complexity of the Case
Truck accidents, medical malpractice, and cases involving multiple liable parties often require extensive investigation and evidence gathering, which takes time.
2. Insurance Negotiations
Many personal injury claims are resolved through settlements with insurance companies. Skilled attorneys can expedite this process by negotiating assertively on your behalf.
3. Readiness for Trial
If the insurance company fails to offer a fair settlement, your case may proceed to trial, which can extend the timeline. Attorneys like McGilberry & Shirer are experienced in navigating this process efficiently.
Why You Need an Experienced Personal Injury Attorney
Navigating the statute of limitations and building a strong personal injury case requires legal expertise. Attorneys specializing in personal injury understand the complexities of Texas law and how to protect your rights.
Benefits of Legal Representation
- Accurate Calculation of Damages: Compensation may include medical expenses, lost wages, pain and suffering, and future costs. Attorneys ensure all damages are accounted for.
- Timely Filing: Attorneys track important deadlines to ensure your case is filed within the statute of limitations.
- Effective Negotiation: Insurance companies often attempt to minimize payouts. Legal representation ensures you receive a fair settlement.
- Trial Representation: If your case goes to court, a skilled attorney will present a compelling argument to secure the best outcome.
How McGilberry & Shirer Can Help
With over 60 years of combined experience, McGilberry & Shirer have successfully represented thousands of personal injury victims in Dallas, Fort Worth, and surrounding areas. Their expertise ensures clients’ rights are protected throughout the legal process.
What They Offer
- Comprehensive Case Evaluation: They review every detail of your case to determine its value and identify liable parties.
- Thorough Investigation: Their team gathers critical evidence, such as medical records and witness statements, to build a strong claim.
- Aggressive Representation: Whether negotiating with insurance companies or representing you in court, McGilberry & Shirer fight tirelessly for maximum compensation.
Don’t let time run out on your right to pursue justice. If you or a loved one has suffered a personal injury, contact McGilberry & Shirer today at 972-764-8675 for a free consultation. With their proven track record and client-focused approach, they are the trusted choice for personal injury representation in Texas.
