One of the most important steps toward a successful personal injury claim is filing the lawsuit within the statute of limitations. Most likely, you will have two years from the accident’s date to sue. However, our lawyers can check whether any tolling exceptions might extend your filing window.
Missing the statute of limitations can block you from recovering any damages in a personal injury lawsuit, so don’t underestimate the importance of having our lawyers pinpoint your filing deadline. We can then start preparing your case so we can file it before the statute of limitations runs out in Texas.
For a free case analysis from The Queenan Law Firm’s Dallas personal injury lawyers, call (817) 476-1797.
What is the Statute of Limitations for Personal Injury Lawsuits in Texas?
The statute of limitations sets a time limit on how long a plaintiff has to file a personal injury lawsuit after an accident in Texas. Missing the statute of limitations typically means losing your right to recovery.
Texas’ statute of limitations for personal injury lawsuits is generally two years. The statute of limitations begins to count down on the date of the accident. This is known as the “accrual date” for the statute of limitations, and may differ from the accident’s date if the victim doesn’t discover their injuries immediately.
The two-year statute of limitations applies to car accidents, slip and fall cases, defective product cases, and other personal injury lawsuits in Texas.
What Are the Exceptions to the Personal Injury Statute of Limitations in Texas?
The statute of limitations doesn’t always accrue on the date of the accident because of specific “tolling” exceptions. Especially if it’s been close to or over two years since an accident, we can see if any exceptions to the statute of limitations apply to your case.
Minors
If you are injured as a minor, the statute of limitations should “toll” until you turn 18. The clock won’t start counting down on the accident’s date, but your 18th birthday. You will have two years from that date to sue, giving you until you are 20.
Legal Disability
The statute of limitations also pauses for anyone injured when they are also legally disabled. The statute of limitations resumes when the victim’s disability is removed.
Defendant’s Absence from the State
The defendant’s leaving the state makes it much harder for the plaintiff to serve them. In these situations, the statute of limitations is paused for any period during which the defendant is absent from the state.
Delayed Discovery
Shock and adrenaline can delay the immediate pain and discomfort of an injury, and some victims don’t discover that they are injured until hours, days, or even weeks later. When delayed discovery occurs, the victim has 2 years from the date of discovery of the injury to sue, not from the date of the accident.
Claims against the Government
While the statute of limitations is still two years for personal injury lawsuits against governmental agencies, there is an additional “notice of a claim requirement” that victims must satisfy. Within six months of an injury, you must inform the governmental agency you plan to sue, or you lose your right to recovery.
What is the Statute of Limitations if Someone Dies from a Personal Injury?
If a victim dies from a personal injury in Texas, their survivors may be entitled to compensation from the liable party. The statute of limitations for wrongful death lawsuits is also two years. That said, the accrual date differs from that of personal injury lawsuits.
The wrongful death statute of limitations begins to accrue when the victim dies, not necessarily when they were injured. Terrible injuries from falls, car crashes, workplace accidents, other incidents can be fatal in the following days or weeks.
This can push the statute of limitations back further than survivors anticipated, and our lawyers can determine the filing deadline for your wrongful death lawsuit in Texas.
How Do You File a Lawsuit within the Statute of Limitations?
Filing a lawsuit within the statute of limitations becomes even more difficult without an attorney, so do not wait to see if you have a valid compensation claim, and, if so, what your filing deadline is.
Know Your Filing Deadline
To bring your case within the statute of limitations in Texas, you must know the specific filing deadline for your case. Based on the accident’s date, when you discovered your injuries, and the defendant’s possible absence from the state, we can pinpoint the final date you can file your lawsuit by without risking being barred from recovery.
Prioritize Gathering Evidence
You shouldn’t file a lawsuit before you have enough evidence to prove your case. We can immediately prioritize getting the police report, eyewitness statements, medical records, photos, and videos, so no important evidence or information is lost or destroyed before we can use it to help you get compensation.
Calculate Your Damages
When you file a personal injury lawsuit, you must request relief from damages. We request a specific amount based on the economic and non-economic damages you have incurred, so we must carefully calculate them. Undervaluing your damages before you file might lead you to accept a bad settlement, thinking it covers enough or all of your losses.
File Promptly
Two years is not much time to file a lawsuit, so you shouldn’t wait to begin your case after an accident. Sometimes, our Fort Worth, TX personal injury lawyers need nearly all of the two-year statute of limitations to prepare complicated personal injury cases, so the sooner you prioritize your recovery, the better.
Who Can File a Personal Injury Lawsuit in Texas?
Generally, anyone injured due to another party’s breach of duty of care may file a personal injury lawsuit in Texas. Our attorneys can talk with you about your recent accident to determine if someone else is liable in a personal injury lawsuit.
Victims can sue when injured due to someone else’s negligence, recklessness, or intentional misconduct. Our Texas personal injury lawyers must show that you were injured directly because of the defendant’s actions to hold them accountable for all your damages.
Your injuries don’t have to be life-altering or life-threatening for you to file a personal injury lawsuit and get compensation in Texas. You shouldn’t have to pay for any medical expenses or suffer through lost wages because of another person’s mistake or reckless act, and our lawyers can help you get the compensation you seek by filing a personal injury lawsuit on time.
When Should You Learn the Statute of Limitations for Personal Injury?
Don’t wait to learn the statute of limitations for a personal injury lawsuit if you are hurt in a car crash, slip and fall, workplace accident, defective product accident, or other incident due to negligence in Texas. Waiting to start your case has consequences, even if you ultimately file it before the statute of limitations runs out and you aren’t totally barred from recovery.
Learning the statute of limitations for your lawsuit right away means you can initiate your case with our lawyers immediately. In addition to pinpointing the filing deadline, we can start preparing your case so it is strong when we file it. It’s ideal to do this as soon as possible, as evidence becomes increasingly at risk of being lost or destroyed over time.
What Happens When You Meet the Statute of Limitations for Personal Injury?
After you file your case, your personal injury lawsuit can begin and you don’t have to worry about the statute of limitations anymore.
Defendant is Served
When you file your case within the statute of limitations and the court accepts your claim, the defendant will be “served,” or formally notified of the lawsuit. The defendant then has a short period to respond to the claim.
Settlement Negotiations Commence
The defendant may respond to your lawsuit by opening settlement negotiations. The first several proposals we get from the defense may be far too low to even consider accepting, so don’t automatically jump at initial offers.
Case Resolves Through Settlement or Trial
While many personal injury cases resolve through out-of-court settlements, some end in trials and jury awards. The lower burden of proof in civil cases often benefits plaintiffs over defendants, who ultimately must prove the defendant is more than likely liable, not liable beyond a reasonable doubt.
What Evidence Do You Need to Get Before the Statute of Limitations Expires?
Before the statute of limitations expires for your personal injury lawsuit in Texas, our lawyers can focus on preserving the evidence you need to prove the defendant’s negligence or convince them to settle for a large amount.
First, we can review any evidence you collected, such as photos or videos. We can then obtain any security footage in existence, interview any eyewitnesses to your injury and the defendant’s negligence, and retrieve medical records from your physicians.
We need all of this evidence well before the statute of limitations runs out so that we can organize it into a compelling case that we can ultimately file within two years of your accident in Texas.
FAQs About the Statute of Limitations for Personal Injury Lawsuits in Texas
What if You Miss the Statute of Limitations for Your Personal Injury Lawsuit?
If you miss the statute of limitations, you cannot file a personal injury lawsuit or get damages in Texas. Even if it has been over two years since an accident, you may still have time to sue if the accrual date differs from the accident’s date.
Does the Statute of Limitations Apply to Insurance Claims?
Don’t wait two years to inform any relevant insurance companies about an accident, such as after a car crash. Waiting to inform insurance can have negative consequences and complicate your recovery.
Do You Need a Lawyer to Avoid Missing the Statute of Limitations in Texas?
Without an attorney, victims are at greater risk of missing the statute of limitations for personal injury lawsuits, especially because two years often feels longer than it is.
What if the Statute of Limitations for a Personal Injury Claim is Almost Up?
Even if the statute of limitations is almost over and it’s been nearly two years since you were injured, our lawyers may have enough time left to file a lawsuit or may identify a tolling exception that applies, so you should still see if you have a case.
Why Do Personal Injury Victims Miss the Statute of Limitations?
Personal injury victims might miss the statute of limitations because they don’t realize it is only two years, they don’t know when the statute of limitations accrued, or they are severely injured and have to focus on their health. Victims’ medical care might take nearly all of their time and attention. Our lawyers can ensure you don’t miss the statute of limitations when we start working on your case right after you are injured.
What Types of Cases Follow the Personal Injury Statute of Limitations in Texas?
The following cases follow the two-year personal injury statute of limitations in Texas:
- Product liability
- Premises liability
- Car accidents
- Workplace injuries
- Uber and Lyft accidents
- Bike accidents
- Pedestrian accidents
- Dog bites
When Does the Statute of Limitations No Longer Matter?
You no longer have to worry about the statute of limitations once you file your injury complaint with the court in Texas, as the statute of limitations has no effect on how long your lawsuit can take after you file it.
Contact Our Texas Personal Injury Lawyers for Help with Your Case Today
For a free case assessment and discussion from our Austin, TX personal injury lawyers, call The Queenan Law Firm at (817) 476-1797 now.