How Long Do I Have to File a Personal Injury Lawsuit in Texas?

If you’ve been injured due to someone else’s negligence in Texas, you might be wondering how long you have to file a lawsuit. This time limit, known as the statute of limitations, is crucial to understand. Missing this deadline could mean losing your right to seek compensation for your injuries.

The General Rule is Two Years for Most Personal Injury Cases

In Texas, the general statute of limitations for personal injury cases is two years from the date of the injury. This rule is established in Texas Civil Practice and Remedies Code § 16.003.

This two-year limit applies to a wide range of personal injury cases, including:

• Car accidents
• Slip and fall incidents
• Dog bites
• Medical malpractice
• Product liability cases

It’s important to note that the clock starts ticking on the date of the injury in most cases. However, there are some exceptions and nuances to this rule that we’ll explore.

The Discovery Rule: When Injuries Aren’t Immediately Apparent

Sometimes, an injury isn’t immediately apparent. In these cases, Texas law recognizes what’s known as the “discovery rule.” This rule states that the statute of limitations may not begin until the date you discovered (or reasonably should have discovered) your injury.

For example, if you were exposed to a toxic substance but didn’t develop symptoms until years later, the two-year clock might not start until you discovered your illness and its link to the exposure.

However, the discovery rule doesn’t apply to all cases, and courts apply it cautiously. It’s always best to consult with an experienced personal injury attorney as soon as you suspect you’ve been injured due to someone else’s negligence.

Special Cases: Different Time Limits

While the two-year rule applies to most personal injury cases, there are some notable exceptions:

Medical Malpractice

Medical malpractice cases in Texas generally follow the two-year rule, but there’s an additional restriction. Texas imposes a statute of repose that says no medical malpractice lawsuit can be filed more than 10 years after the date of the medical treatment, regardless of when the injury was discovered.

Claims Against the Government

If your injury claim is against a government entity in Texas, you must file a formal claim within six months of the incident in most cases. Some cities or counties may have even shorter notice requirements.

Minors

For injuries to minors (under 18), the statute of limitations is typically tolled (paused) until they turn 18. This means a person injured as a minor usually has until their 20th birthday to file a lawsuit.

The Importance of Acting Quickly

While the statute of limitations provides a maximum time frame, it’s crucial to act much sooner if possible. Here’s why:

1. Evidence preservation: Over time, evidence can disappear, witnesses’ memories can fade, and crucial documentation might be lost.
2. Stronger case building: The sooner you start working with an attorney, the more time they have to build a robust case on your behalf.
3. Avoiding complications: Some cases may have shorter deadlines or notice requirements. Starting early helps ensure you don’t miss any critical deadlines.
4. Peace of mind: Initiating the legal process can provide a sense of progress and control during a challenging time.

Exceptions That Can Extend the Statute of Limitations

While it’s never wise to rely on exceptions, there are some circumstances that can extend or “toll” the statute of limitations:

• Defendant’s absence: If the person who caused your injury leaves Texas for a time, that time may not count towards the two-year limit.
• Mental incapacity: If the injured person is deemed of “unsound mind” at the time of the injury, the statute may be tolled until they regain capacity.
• Fraud or concealment: If the defendant fraudulently concealed their wrongdoing, the statute might be extended.

It’s important to note that these exceptions are complex and often contested. Never assume an exception applies without consulting an experienced attorney.

The Consequences of Missing the Deadline

Missing the statute of limitations can have severe consequences. If you try to file a lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case. This means you’ll lose your right to seek compensation through the court system, regardless of how strong your case might have been otherwise.

How Dodson Law Firm, PLLC Can Help

Adhering to the statute of limitations is just one aspect of a successful personal injury claim. At Dodson Law Firm, PLLC, we have years of experience navigating these legal timelines. We can help you:

• Determine the exact deadline that applies to your case
• Investigate and gather evidence promptly
• Handle all necessary paperwork and filings
• Negotiate with insurance companies
• Prepare your case for trial if necessary

We believe in taking swift action to protect our client’s rights. By engaging our services early, you give us the best opportunity to build a strong case on your behalf.

Remember, time is of the essence in personal injury cases. If you’ve been injured due to someone else’s negligence in Texas, don’t wait to seek legal help. Contact Dodson Law Firm, PLLC, today for a free consultation. We’ll review your case, explain your rights, and help you understand your options moving forward.

When it comes to meeting critical legal deadlines and fighting for the compensation you deserve, “Dodson Gets It Done.”