Statutes of Limitations by Case Type in Texas
If you’ve suffered a serious personal injury, you may be able to recover the damages you’ve incurred, but it is imperative that you act timely to preserve your legal rights. Waiting to act may jeopardize your entire case, particularly if the statute of limitations expires before you have a chance to file your claim.
What is a Statute of Limitations?
Statutes of limitations set the proper time period for bringing a lawsuit to court. They signify the window of time by which a lawsuit must be filed. If a lawsuit is not filed in a timely manner, it may be dismissed on the basis of the respective statute of limitations that is in place. Each state has in place its own statutes of limitations for various civil claims, including personal injury matters. If you fail to file your claim within the statute of limitations, it may be time-barred, and you may lose your right to recover compensation.
What is the Policy Behind Statutes of Limitations?
There are many sound reasons for having statutes of limitations in place. For one, these laws help make sure lawsuits are filed in a timely manner, preventing defendants from being exposed to stale or unfair claims. Statutes of limitations also help ensure that important evidence is preserved in cases in a timely manner.
While they allow the plaintiff sufficient time to prepare their claims, statutes of limitations are in place to make sure defendants are not blindsided by civil lawsuits many years after an accident happens.
What Are The Statutes of Limitations in Texas?
Generally, the Texas statute of limitations for personal injury claims is two years from the date of the event that led to your injuries. For example, in the case of a car accident, this means you must file your claim in court no later than two years after the accident occurred.
It is important to note that the clock for the statute of limitations generally begins to run at the time that the plaintiff reasonably becomes aware of their injuries. So, in a premises liability personal injury case, for example, the time period for the statute of limitations would begin to run at the time you’ve discovered that you have been injured on the premises of another.
There are some specific exceptions to the two-year statute of limitations deadline in Texas. For example, if your lawsuit happens to be against a government entity, such as a municipal or state agency, then you will likely need to bring your lawsuit within six months from the time your personal injury occurred. In some cases, it is even possible for the statute of limitations to be extended — for example, if the personal injury claim involves a minor, the clock may not begin to tick until after they have turned 18.
What Happens if the Texas Statute of Limitations Expires in Your Personal Injury Claim?
If you wait to file your claim past the time period prescribed by the statute of limitations, it is possible that you will lose your right to recover compensation for your injuries. Filing a timely claim is imperative, and much of the applicable time period depends on the nature of your claim, the type of personal injuries involved, and the specific state.
For that reason, it is important that you consult with an experienced and knowledgeable personal injury attorney in your state. They can help you ascertain your potential claims and damages and inform you about the applicable time period by which you need to file your case. They will work with you to prepare a strong case on your behalf, and they will negotiate with the other party and their insurance company in order to obtain a fair and reasonable settlement.
How Can Johnson Garcia Help with Your Personal Injury Claim?
Whether your claim involves a car accident or another personal injury matter, a complex lawsuit can result, requiring the careful preparation of claims and extensive investigation of the facts. An experienced personal injury lawyer can help with the process of bringing the proper claim, within the correct time frame imposed by the statute of limitations.
We have over 35 years of combined personal injury experience, giving us a keen understanding of the settlement process and, if necessary, the litigation process. We are well-equipped to handle even the most complicated cases, and we are so committed to our client’s success that we won’t take payment unless you win. Contact us today or give us a call at 832-400-6130 to schedule a completely free consultation.