Understanding the Statute of Limitations for Personal Injury Cases in Texas

The statute of limitations might sound complicated, but it represents a fairly straightforward concept. It makes sense to gain an understanding of this concept if you have suffered an injury in Texas, as the statute of limitations has the potential to end your legal journey before it even begins. Fortunately, you can avoid all issues with the statute of limitations by simply contacting a lawyer as soon as possible after your accident. Why is the statute of limitations in Texas so important, and how can you avoid issues related to this concept? An experienced personal injury lawyer in Texas can explain this concept in more detail.

Have you or a loved one been injured in an accident due to the negligence of someone else? Call David Sanchez Law Group, PLLC today at 972-529-3476. Our team of skilled attorneys can help you determine if you have a case and what you may be entitled to for your injuries.

What is a Statute of Limitations?

While there are specific statutes of limitations for personal injury cases in Texas, this concept also applies to virtually all legal cases. There are statutes of limitations for criminal cases and civil cases. A statute of limitations is simply a time limit. Once this time limit expires, legal action is no longer possible.

Statutes of limitations can be very helpful or extremely negative, depending on the circumstances. A criminal who faces criminal charges may escape consequences if the statute of limitations expires. On the other hand, an injured driver might lose the right to pursue compensation for their injuries if the statute of limitations expires.

Why Does the Statute of Limitations Exist?

Why does Texas even put a time limit on legal cases? Why not allow injured plaintiffs to sue whenever they feel like it? The logic is that evidence becomes less reliable as time goes on. This could potentially create unfair situations in which defendants face charges or civil lawsuits for things that happened decades ago. Even if they face questionable, outdated evidence, there is always a chance of legal consequences based on this poor-quality evidence. As a result, the legal system uses statutes of limitations to protect against these situations.

As an injured plaintiff, it might be tempting to view the statute of limitations in a negative light. However, it may actually be beneficial if it encourages you to take swift legal action. For example, you might have been injured while walking across the street. Perhaps an old lady saw a reckless driver run a stop sign before hitting you. Maybe a nearby surveillance camera outside a restaurant captured the incident.

What happens if you wait too long, and the old lady passes away from old age? What if the restaurant shuts down and deletes its surveillance footage? These potential issues highlight the need to file your lawsuit as quickly as possible.

That being said, the time limit only begins once you become aware of your injuries. This means that if you receive a delayed diagnosis (such as a mesothelioma diagnosis), you can still sue despite many years passing. This also makes lawsuits possible after prolonged comas or head injury-induced memory loss (amnesia).

What is the Statute of Limitations for Personal Injury Cases in Texas?

The statute of limitations for most personal injury cases in Texas is two years. In other words, you have two years to file your lawsuit after the accident. Some states have slightly different statutes of limitations for various types of injury lawsuits. For example, a product liability case might have a different statute of limitations compared to a medical malpractice lawsuit. However, the statute of limitations for virtually all injury lawsuits in Texas is two years. This applies to premise liability claims, auto accident lawsuits, medical malpractice cases, product liability claims, dog bite lawsuits, and other types of injury claims.

The one exception involves claims made against government agencies. If you were injured by any government organization, you may only have six months to file a “notice of claim” with the relevant agency. This might be a police department, the United States Postal Service, a state ambulance service, or any other government entity. Although this might seem like a relatively obscure footnote, accidents caused by police vehicles, ambulances, and other first responders are relatively common.

Contact David Sanchez Law Group, PLLC

Over the years, David Sanchez Law Group, PLLC has helped numerous injured plaintiffs throughout the Lone Star State – including car accident victims, slip-and-fall victims, and many others. While the statute of limitations may seem like a daunting prospect, you can avoid any potential issues by contacting us to schedule a consultation right away. The sooner you get started on your lawsuit, the easier it will be to beat this legal time limit. Call today at 972-529-3476 to discuss your unique circumstances in more detail.