If you’ve been injured in an accident in Texas, one of the first things you should know is the statute of limitations the time frame in which you can file a personal injury claim. In most cases, Texas law gives you two years from the date of the injury to take legal action. However, there are certain exceptions that could extend or pause this time limit, and understanding them can be crucial for preserving your right to compensation.
Under Texas Civil Practice and Remedies Code Section 16.003, the general rule is that a personal injury lawsuit must be filed within two years from the date of the accident. This includes injuries resulting from car accidents, slips and falls, medical malpractice, and more. Missing this deadline could mean you lose your right to seek compensation for your injuries.
While two years might seem like a lot of time, it can pass quickly as you recover from your injuries, negotiate with insurance companies, or deal with other factors. That’s why it’s vital to act sooner rather than later with the assistance of a Dallas personal injury lawyer.
There are several situations in which the statute of limitations may not start running immediately or may be paused. These include:
Discovery Rule: If you don’t immediately know about your injury, the clock may start running when you discover or should have reasonably discovered the injury. This is common in cases involving internal injuries, medical malpractice, or exposure to toxic substances, where the damage isn’t apparent right away.
Minors: If the injured person is a minor (under 18 years old), the statute of limitations is paused until they turn 18. This gives them until their 20th birthday to file a claim. This exception is especially important in cases involving children who are injured in accidents.
Mental Incapacity: If the injured person is mentally incapacitated at the time of the injury, the statute of limitations may be paused until they regain mental competency. This exception is vital for those who are temporarily or permanently unable to handle their own legal matters due to mental health conditions.
Defendant’s Absence from the State: If the defendant (the party you are suing) is absent from Texas, the statute of limitations may be extended. This ensures that an individual who leaves the state cannot avoid legal responsibility for a personal injury claim.
While the statute of limitations may seem straightforward, there are many factors that can influence how long you have to file a personal injury claim. If you’ve been injured, it’s critical to speak with a Dallas personal injury lawyer as soon as possible.