Statute of Limitations for Personal Injury Claims in Texas
When it comes to personal injury claims in Texas, understanding the statute of limitations is crucial. This legal deadline determines the timeframe within which you must file a lawsuit to seek compensation for your injuries. Missing this deadline can result in losing your right to pursue a claim, making it essential to act promptly and seek legal guidance. At Gilbert Adams Law Offices, we are committed to helping injury victims in Beaumont, Southeast Texas and statewide navigate these complex legal waters. If you or a loved one has been hurt by the negligence or misconduct of another, contact us right away to secure your ability to recover compensation for your injuries from the responsible party or parties.
What Is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which a lawsuit must be filed. Due diligence must be exercised to serve the Defendant. In the context of personal injury claims in Texas, it refers to the period you have to file a civil lawsuit after suffering an injury due to someone else’s negligence or intentional act.
Under Texas law, the statute of limitations for most personal injury claims is two years from the date of the injury. This two-year period applies to various types of personal injury cases, including:
- Car crashes
- Slip and fall/Premises Liability
- Product liability
- Workplace injuries
- Construction injuries
- Toxic exposure
Exceptions to the Statute of Limitations
While the two-year rule is generally applicable, there are exceptions and special circumstances that can alter this strict deadline. Understanding these exceptions is vital to ensure you do not miss your opportunity to file a claim.
Discovery Rule
In some cases, the injured party may not immediately realize they have suffered harm. When applicable, the discovery rule allows the statute of limitations to begin from the date the injury was discovered or reasonably should have been discovered. For instance, some injuries are not immediately apparent or do not manifest until weeks, months, or even years after the event that resulted in the harm. A toxic exposure event is one example.
Minors and Incapacitated Persons
If the injured party is a minor (under 18 years old) or mentally incapacitated at the time of the accident, the statute of limitations may be extended. For minors, the two-year period typically begins once they turn 18, except for medical malpractice cases. For incapacitated persons, the timeframe may start when they regain their legal capacity to file a lawsuit.
Government Claims
If your injury claim involves a government entity or employee, such as a car crash with a government vehicle or a slip and fall on government property, special notice requirements and shorter timeframes may apply. In Texas, you typically must provide written notice of your claim to the relevant government entity within six months of the injury, though this period can vary depending on the specific government entity involved. For example, the city of Houston requires notification within 90 days of the incident to protect your right to file a claim against the city.
Importance of Acting Promptly
Given the strict deadlines imposed by the statute of limitations, it is crucial to act promptly if you have been injured. Failing to file a lawsuit within the allowed timeframe generally results in the court dismissing your case, effectively barring you from seeking any compensation for your injuries. Although it is not always necessary to file a lawsuit to resolve your claim, the ability to do so is important leverage in negotiations and may ultimately be needed, so keeping your eye on the clock and acting quickly are critical to protecting your claim.
How Gilbert Adams Law Offices Can Help
At Gilbert Adams Law Offices, our experienced personal injury attorneys are dedicated to helping injury victims in Beaumont, Southeast Texas and throughout the Lone Star State. We provide comprehensive legal support, from investigating your claim and building a case to negotiating a settlement with the insurance company or representing you in court if necessary.
Timing is important to maximizing compensation in a personal injury claim; our team understands the intricacies of Texas personal injury law and will ensure that your claim is filed within the appropriate timeframe. We work diligently to gather evidence, negotiate with insurance companies, and advocate for your rights to secure the compensation you deserve.
Contact Gilbert Adams Law Offices After a Personal Injury
Understanding the statute of limitations for personal injury claims in Texas is essential for protecting your legal rights. If you or a loved one has been injured due to someone else’s negligence, it is imperative to seek legal counsel as soon as possible to ensure your claim is filed within the required timeframe.
At Gilbert Adams Law Offices, we are committed to providing personalized and effective legal representation to injury victims across Texas. Contact us today at 409-835-3000 for a free consultation to learn how we can assist you in your personal injury claim.
