Introduction

In Texas, it’s important to know how long you have to file a personal injury lawsuit if you’ve been injured due to the negligence or fault of someone else. A specific period, known as the “statute of limitations,” governs this.

Time Limit for Filing a Personal Injury Lawsuit in Texas

The civil statute of limitations in Texas sets the time limit on how long you have to file a personal injury lawsuit. This time frame kicks off from the date of your accident or injury.

Under the Texas law, the statute of limitations for personal injury cases is typically two years, according to the Texas Civil Practice and Remedies Code section 16.003. Therefore, if you have been injured in Texas, you generally get two years from the date of the accident to take legal action against the party at fault.

Extending the Statute of Limitations

While the two-year limitation is the general rule, there are some exceptions. For example, Texas law allows the statute of limitations to be extended if the injured party was a minor at the time of the accident or mentally incompetent. The clock will only start ticking when the minor turns 18 years old, or the individual gains mental competence.

Also, the “discovery rule” may be applied. This rule states that if an injury or damage isn’t apparent right away, the two-year period may not start until the injury or harm is discovered or reasonably could have been discovered.

Importance of Adhering to the Statute of Limitations

Adhering to the statute of limitations is crucial. If a lawsuit is not filed within two years from the date of the accident, the Texas courts will likely refuse to hear the case at all. That means the chance to seek compensation for damages could be lost forever.

Therefore, if you have been injured in an accident in Texas, especially a motorcycle accident, it is important to consult with a motorcycle accident lawyer in Fort Worth, TX as soon as possible. Prompt legal action can help ensure you receive the compensation you deserve within the stipulated time frame.

Limitations in Wrongful Death Cases

In wrongful death cases in Texas, where someone died as a result of their injuries, the two-year statute of limitations applies, but the period typically starts on the date of the person’s death, not the date of the accident.

Conclusion

In Texas, timing is important when considering filing a personal injury lawsuit. Victims generally have two years from the date of the accident to bring a lawsuit. But remember, exceptions exist depending on the specifics of your case. To ensure you don’t miss your window of opportunity, it is key to get legal advice from a competent lawyer as soon as possible.