If you’ve been injured in an accident in Texas, it’s crucial to understand the legal time limits that apply to filing a personal injury claim. These time limits are known as the statute of limitations. Filing a claim within this period is essential to secure your right to seek compensation for your injuries.
What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For personal injury claims, this period starts from the date of the accident or injury. Once this time period expires, you generally lose the right to file a lawsuit seeking compensation for your injuries.
In Texas, the statute of limitations for personal injury claims is two years from the date of the injury. This means you have exactly two years from the date you were injured to file a lawsuit. If you fail to file within this period, the court will likely dismiss your case, and you will lose the opportunity to recover damages.
Exceptions to the Rule
There are some exceptions to the two-year rule that can extend or shorten the time frame:
- Discovery Rule: In some cases, the injury may not be discovered immediately. If the injury is discovered later, the statute of limitations may begin on the date the injury was discovered or reasonably should have been discovered.
- Minors: If the injured person is a minor, the statute of limitations does not begin until the minor turns 18. This means they have until their 20th birthday to file a lawsuit.
- Government Claims: If your claim is against a government entity, you must file a notice of claim much sooner. Typically, you have six months to notify the government of your claim.
- Medical Malpractice: Special rules apply to medical malpractice claims, including a two-year statute of limitations with specific notice requirements.
Why You Need an Attorney
Navigating the complexities of the statute of limitations and ensuring that you meet all legal deadlines can be challenging, especially when you are dealing with the aftermath of an injury. Here’s how an attorney can help:
1. Understanding and Meeting Deadlines
An experienced personal injury attorney understands the critical importance of deadlines. They will ensure that all paperwork is filed on time and that your claim is protected from dismissal due to procedural errors.
2. Investigating Your Claim
Attorneys have the resources and knowledge to investigate your claim thoroughly. They can gather evidence, interview witnesses, and work with experts to build a strong case on your behalf.
3. Negotiating with Insurance Companies
Insurance companies often aim to minimize payouts. An attorney can handle all communications with the insurance company, negotiate for a fair settlement, and protect your rights throughout the process.
4. Maximizing Compensation
An attorney can help you understand the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs. They will strive to maximize the compensation you receive.
5. Representing You in Court
If your case goes to trial, having a skilled attorney represent you is invaluable. They will present your case effectively, advocate for your best interests, and navigate the legal system on your behalf.
The statute of limitations for personal injury claims in Texas is a critical factor that can significantly impact your ability to recover compensation. Understanding these time limits and the exceptions is essential. An experienced personal injury attorney can guide you through the legal process, ensuring that your rights are protected and you have the best chance of securing the compensation you deserve. If you’ve been injured, don’t delay—reach out to Calderon Legal Group and let us fight for you—call (832) 261-5500 to speak with a Houston lawyer today.
