Therefore, it’s essential that victims across the Lone Star State are familiar with the Texas personal injury statute of limitations. Thankfully, our team at the Rasansky | McKenzie Law can help answer your concerns regarding the Texas personal injury statute of limitations and how it may apply to your case. You can count on the experience of our Dallas-area personal injury lawyers to assess your accident and recommend the best next steps for you and yours.
What is the Purpose of a Statute of Limitations?
Statutes of limitations aim to maintain judicial efficiency and promote fairness in the legal system. These limitation periods are necessary for two main reasons:
- Timeliness: Statutes of limitations guarantee that lawsuits are filed promptly and give victims adequate time to analyze their damages properly. Victims of personal injuries may not immediately comprehend the full extent of their injuries. Moreover, lawyers need time to collect medical records and estimate ongoing care requirements.
- Preservation of evidence: Evidence may be manipulated, destroyed, or lost with the passage of time. For example, witness testimony can be unreliable due to several factors, including memory loss, bias, or even the witness’s untimely death. In other words, the reliability of all evidence depends on its timely collection.
Statute of Limitations For Personal Injury in Texas
In most cases, Texans have two years from when their injury occurred to file a lawsuit. This implies that you have no more than two years from the incident that caused your injuries to file a case in a court of law.
But what happens if this time passes, and you’ve neglected to file your claim?
Unfortunately, the right to file may be forever lost if a claimant fails to file suit within Texas’s statute of limitations period. Even if your claim is solid and viable, you may be barred from collecting compensation if you miss the deadline.
That’s why getting help after an injury-causing accident is so important. Doing so protects your interests and increases the likelihood that you’ll get the recompense you deserve for your losses.
Exceptions to the Statute of Limitations in Texas
A few exceptions exist to the general two-year statute of limitations for personal injury lawsuits. These exceptions may comprise the following:
- Injuries sustained from an assault of a sexual nature, asbestos exposure, or silica-related illness.
- A victim is legally unable to act within the timeframe set by the statute of limitations (i.e., the victim is a child when their injury occurs).
What does it mean when a victim is unable to act? If the victim is under a legal disability in Texas, they were either underage (18 or younger) or mentally incapacitated at the time of the accident. The clock won’t start ticking on the two years until the victim turns 18 or proves their mental capacity.
Moreover, the statute of limitations may be extended if the injured party was unaware of their potential personal injury claim. In this case, the two years will not start until the injured party knows or should have known that he or she had been hurt and that the other party was at fault.
In addition, if your claim involves government officials, the statute of limitations date may be extended. Personal injury claims must be submitted to the appropriate government agency within six months of the incident that gave rise to the claim. For the claim to be effective, it must detail the following:
- The alleged harm or injury.
- The date and location of the accident.
- The nature of the incident itself.
It is especially important to act quickly if you think you have a claim for personal injury against a Texas government agency. If you’ve been injured in Texas and think one of these situations could apply to you, talk to a personal injury lawyer immediately.
How Do Statutes of Limitations Work For Vehicle Accidents?
Contrary to popular belief, Texas law on personal injury extends to vehicle accidents as well. Like other types of personal injury, the time restriction for filing an automobile accident lawsuit in Texas is two years.
Thus, you may sue another motorist for damages if you were hurt in a vehicle crash, and you can prove that they were at fault. The two-year statute of limitations begins on the date of the auto accident in question.
The injured party in a car accident in Texas may sue the motorist who caused the accident since Texas is a “fault” state. You’ll generally start by filing a claim with the other motorist’s insurance company. Once again, if these two years pass and you have not filed a claim against an at-fault driver, you will no longer be able to do so.
Contact the Dallas Personal Injury Lawyers at Rasansky | McKenzie Law
Throughout Texas and the Dallas metro area, it’s clear that vehicle accidents and other types of personal injury touch tens of thousands of families. Even though many of these incidents only result in minor injuries, other victims are permanently disabled and left to bear the brunt of an accident’s tragic consequences.
Thankfully, here at the Rasansky | McKenzie Law, our lawyers have several years of valuable, seasoned experience in assisting victims of accidents caused by reckless individuals.
Our seasoned, compassionate lawyers serve our clients with knowledgeable and trustworthy counsel so that they can secure the justice they deserve. We are ready to analyze the details of your incident, organize the facts surrounding your case, and assess your legal options moving forward.
If you have been injured in Texas and have questions about your next steps, please call (214) 651-6100 for a free first examination of your case. Our personal injury lawyers in Dallas will stop at nothing to ensure you and your family get the fair, full settlement you’re entitled to.