Texas Statute of Limitations

What is the Texas Statute of Limitations for a Personal Injury Lawsuit in Houston?

Statute of limitations refers to the amount of time that an injured party has in order to take legal action against the liable party or parties responsible for their injury. The statute of limitations varies from state to state, but the Texas statute of limitations for a personal injury case is comparably short.

The Texas statute of limitations for a personal injury case is two years from the date of injury. In other words, if an aggrieved party has not sought legal action within two years after sustaining an injury due to another party’s negligent behavior, they are no longer allowed to seek compensation for their injury from that party.

The two-year statute of limitations in Texas applies to many different types of personal injury cases such as injuries sustained in auto accidents, workplace injuries, product liability injuries, or general personal injuries sustained in any number of other ways. Additionally, the wrongful death statute of limitations in Texas is also set at two years from the date of death. However, there are certain exceptions to the Texas statute of limitations that may allow an aggrieved party additional time to pursue legal action dependent on whether or not certain mitigating circumstances played a role in their injury accident.

Exceptions to the Texas Statute of Limitations for a Personal Injury Lawsuit

The exception to a statute of limitations in Texas most often enacted is when a child is injured. Since the minor cannot make reasonable decisions regarding their legal rights, an extension allows a child until the age of 20 to take legal action themselves against a liable party. Technically, the two-year statute of limitations begins to when the child becomes a legal adult at the age of 18, consequently giving them until the age of 20 to seek legal action on their own accord. If a parent or guardian has not pursued legal action against a negligent party on behalf of the child while the victim is still a child, then the child could pursue legal action themselves once they become an adult. The same type of exception exists in connection to Texas wrongful death lawsuits if a child loses one or both parents due to the negligent behavior of another party.

Furthermore, lack of common knowledge can also be an issue that allows an extension to be granted to the Texas statue of limitations. This means that an injured victim’s statute begins to run when they have become aware of their injury, instead of from the date the injury was first sustained. For example, mesothelioma cases must often employ the lack of common knowledge exception due to the fact that the symptoms of asbestos-exposure can take years to present themselves. As such, an injured victim may not know until many years after sustaining an injury that they have merit in bringing a personal injury lawsuit against the liable parties since their actual injury did not appear until many years later.

Certain extenuating circumstances can also contribute to an extension being granted. For example, if an injured victim is in a coma and is not physically able to seek legal action within the two years following their injury, an extension will likely be granted so that the injured victim has the same legal right to pursue compensation as they would have had they been conscious to do so.

Lastly, a reasonable standard is used to determine whether or not an injured victim has had a fair opportunity to seek legal recourse for their sustained injury. Some extenuating circumstances may exist in which an injured victim was unaware that they could seek legal action, such as many instances of those that suffer from mesothelioma. However, such sufferers of mesothelioma cannot wait for three years after developing noticeable medical symptoms to consider seeking legal action. An extension would likely not be granted in such an instance. Additionally, an injured victim cannot plead ignorance in regards to the Texas statute of limitations in order to seek an exception.

Do Not Wait to Take Legal Action

While two years may sound like a long time, it is actually not such a long time in the legal realm. While you can wait to file a lawsuit after almost two years has passed from the date of your injury, waiting so long can likely do harm to your personal injury claim. The earlier that an injured victim contacts an experienced Houston personal injury lawsuit, the more likely it is that such a victim could stand a greater opportunity at receiving proper compensation for their injury.

Investigating a personal injury accident takes time. Gathering large amounts of relevant evidence is important toward building a strong case that can work to get you the compensation you’re likely in need of receiving. Often, with more time, a more thorough investigation can be made into the accident site. Eyewitnesses can be located so that a thorough understanding of the events of the accident can be achieved. Consequently, the sooner you contact an attorney to assist in investigating your accident, the more likely it will be that an exhaustive investigation can be conducted. With such evidence, mediation may be able to occur in which the personal injury attorney will be able to use the evidence in order to reach an out-of-court settlement with the liable party. In other words, a victim may never have to set foot in a courtroom if a mediated settlement can be reached. However, if a victim waits too long to seek legal action, an attorney may not have the option of seeking mediation simply due to the constraints of time and the Texas statute of limitations.

Furthermore, the opposition in a vast majority of personal injury cases in Texas will likely be preparing for a legal battle before you may have even considered contacting legal help. Since insurers, trucking companies, and employers are often well-prepared to deal with personal injury claims at a moment’s notice, they will likely have legal professionals on-call that can rapidly respond to an accident scene. While you may be hesitating to contact a Houston personal injury lawyer, the opposition may have already investigated the accident site in order to build a strong case against you. Consequently, waiting to take legal action where necessary could create an uphill legal battle against a well-prepared defense attorney.

Don’t Let the Texas Statute of Limitations Prevent You From Seeking Compensation

If you’ve suffered an injury in Houston, it’s important to contact an attorney as soon as possible in order to see if you may have a legitimate personal injury claim against the negligent party. By waiting too long to seek legal action, you may be unintentionally causing harm to your possible case. The Houston personal injury attorneys at Grossman Law Offices offer toll-free legal consultations at 1-855-392-0000 should you have further questions about the Texas statute of limitations, its exceptions, or how the statute of limitations may apply to your particular personal injury accident.