Texas Personal Injury Statute of Limitations 2024 Explained

Understanding the Texas personal injury statute of limitations is important for anyone who plans to file a personal injury claim in the state. These statutes dictate how long plaintiffs are allowed to file a legal claim to receive compensation and hold the at-fault party accountable for their actions. Regardless of how compelling the evidence might be, missing a deadline will prevent anyone from moving forward with a case. Hiring an attorney immediately can prevent this from happening.

What Is the Statute of Limitations in Texas for Personal Injury?

The statute of limitations is a legal time frame that must be complied with, or else you cannot file a lawsuit after suffering an injury. In Texas, alleged victims of personal injury cases have two years from the date of the incident to officially file a claim. The deadline is to help ensure that all cases brought to Texas court have fresh evidence and reliable witnesses without cloudy memory. Waiting too long can weaken your case, even if it’s still within the statute.

It’s important to know that the clock starts ticking for this two-year window on the exact date you were injured. For example, if you were involved in a car accident on January 1, 2024, you must file for your case until January 1, 2026. The two-year period might strike some as a long window of time, but it’s been designed to give people enough time to do important activities like dealing with their insurance company or gathering medical evidence.

Exceptions to the Texas Personal Injury Statute of Limitations

While it’s true that most personal injury cases in Texas will be forced to abide by the two-year rule, there are some case exceptions that override this law. Understanding what conditions these exceptions exist for can help you understand if you could be eligible and still have a chance to file for compensation after the two-year period has passed.

One of the most common exceptions leveraged in Texas is when an injury involves a minor. A minor is anyone under the age of 18 in the state. When an accident happens with a minor, the statute of limitations is “tolled.” This means that the two-year clock does not start ticking until the minor turns 18. This gives them until the age of 20 to get organized and bring their case to court.

Another exception in Texas is when an injury is not immediately apparent. For instance, the effects of an injury did not begin to harm someone or were undiscoverable until much later after the incident. This happens often in medical malpractice and product liability cases. For example, a doctor may have prescribed an incorrect medication that slowly harmed a patient. In other cases, a product may have caused minor daily harm but amounted to a severe condition long-term.

Why It’s Critical to File Within the Statute of Limitations in Texas

It’s important to file your claim within the statute of limitations in Texas to ensure you are able to maintain your legal rights and have the opportunity to recover compensation for injuries that were not caused by your own doing. Missing this deadline not only prevents you from accessing compensation; it also prevents you from being able to hold someone accountable for their actions.

Even if the statute has not yet expired, waiting too long can still have negative implications on your case. For example, if you drag your feet and file right before the two-year window is about to expire, the quality of your evidence could weaken. For example, one of your star witnesses might begin to forget certain details of what happened or be unable to answer any questions due to memory issues.

FAQs

Can a Statute of Limitations for Personal Injury Be Extended in Texas?

While it’s rare, there are some instances where the statute of limitations for a personal injury case can be extended. One of the more common examples is where an injury is not discovered until after the date of injury. For example, a doctor may have engaged in medical malpractice, but the patient didn’t realize they were suffering injuries until much later.

The statute might also pause if the injured party was too mentally incapacitated to deal with their own case.

What Should You Do If You’re Close to the Statute of Limitations Deadline?

If you are approaching the statute of limitations in Texas, you need to act quickly. First, connect with a personal injury lawyer as soon as you can. They will evaluate your case and let you know if extending the statute deadline is possible. If not, they may rush to file the proper paperwork and start the legal process. Even if you are close to the deadline, a personal injury attorney is skilled enough to work efficiently and help meet this mandated deadline.

Can a Defendant Use the Statute of Limitations in Their Defense?

Yes, it is very common for personal injury lawyers to combat claims that a plaintiff missed the statute of limitations. If a defense attorney sees the opportunity, they will file a motion to dismiss a case because it missed the statute’s deadline. However, this does not automatically mean that the injured party is at a loss. They could argue that the deadline must be extended for many reasons, like not realizing an injury happened until much later.

Does the Statute of Limitations Also Apply to Insurance Claims?

While the statute of limitations was written specifically for lawsuits, it can also have an indirect impact on your insurance claim. This is mostly true when someone waits until the end of the statute’s two-year window. If the insurance company takes too long or denies their claim, it might cause the plaintiff to run out of time to file a lawsuit and recover compensation. A personal injury lawyer can help you manage this to avoid missing important deadlines.

Contact Renick Law Firm, PLLC, Today

Navigating the complexities of personal injury law and the statute of limitations can be overwhelming. Fortunately, no one has to do it alone. The attorneys of Renick Law Firm, PLLC, understand how critical timing is in personal injury cases, so we will ensure that your claim is filed on time and within legal guidelines. Contact us now to begin.