What Is The Statute Of Limitations For Personal Injury Cases In Texas?

Daren Brown
By Daren Brown | August 13, 2018

In the days after you’ve been injured in a car accident or other incident that wasn’t your fault, you’re probably feeling overwhelmed about what has happened.

With medical treatments, being unable to work and bills piling up, you may think that you need some time to recover and deal with your circumstances.

While it’s true that you should do everything you can to regain your health, there is one primary reason that it’s smart to act quickly in terms of pursuing your rights after an accident. There’s a law called the statute of limitations and it has important implications for you.

What Is A Statute Of Limitations?

This legal concept puts a time restriction on how long you have to file a civil lawsuit, which period depends on what type of action you’re pursuing. The theory behind a statute of limitations is that the plaintiff should not delay or waste time on filing a lawsuit, because doing so may unfairly prejudice the person being sued. Evidence that’s key to the case may become lost or destroyed, putting both parties at a disadvantage.

How Long Is The Statute Of Limitations In Texas?

The statute of limitations for personal injury cases in Texas is two years, which is measured from the date of the incident or accident. You must file your civil lawsuit by expiration of the two-year time period or you lose your right to do so forever. There are certain exceptions to the statute of limitations, but these are narrow and it’s risky to rely upon them.

What Happens If I Don’t File In Time?

The statute of limitations on a personal injury case can quite literally make or break your right to legal remedies and compensation from the responsible party. Failing to file within the two-year time restriction bars you from ever pursuing your right to monetary damages for lost wages, pain and suffering, and other losses.

While this might seem like a long time, 24 months can really fly by when you consider lengthy medical treatments and investigation of your case. You may also be discussing settlement options with the responsible party or their insurance company. Considering the complexities of the legal process, settlement negotiations and potentially filing a lawsuit, it’s important to act quickly after you’ve been injured. This includes consulting with a qualified attorney with expertise in handling personal injury cases.

The attorneys at Stockard, Johnston & Brown, P.C. have years of experience representing clients in personal injury matters. We aggressively pursue your legal remedies to ensure you’re fully compensated for the losses you’ve sustained due to your injuries. Please contact our office to schedule a consultation where we can discuss your matter in more detail.

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Topics: Personal Injury