Statute of Limitations for Personal Injury Claims in Brazoria, Texas

If you’ve been injured in an accident in Brazoria County, Texas, due to someone else’s negligence, understanding the statute of limitations is crucial. The statute of limitations sets a strict deadline for filing a personal injury lawsuit. Missing this deadline could mean losing your right to seek compensation for your injuries and damages. This article provides a comprehensive overview of the statute of limitations for personal injury claims in Brazoria County, Texas, including exceptions and important considerations.

What Is the Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time that parties have to initiate legal proceedings from the date of an alleged offense. The purposes of these statutes are to ensure cases are resolved in a timely manner, evidence remains available, and witnesses’ memories are fresh5.

General Statute of Limitations for Personal Injury Claims in Texas

In Texas, the general statute of limitations for personal injury cases is two years. This means that you must file your lawsuit within two years from the date of the accident or injury. This two-year limit is established in Texas Civil Practice and Remedies Code § 16.0031345.

Types of Cases Covered by the Two-Year Statute of Limitations

The two-year statute of limitations applies to a wide range of personal injury cases, including:5

• Car accidents
• Slip and fall incidents
• Dog bites
• Medical malpractice
• Product liability cases
• Wrongful death claims

Exceptions to the Statute of Limitations

While the two-year statute of limitations is the general rule, there are some exceptions that may extend the deadline for filing a lawsuit145.

The Discovery Rule

The discovery rule applies when an injury isn’t immediately apparent. In such cases, the statute of limitations may not begin to run until the date you discovered (or reasonably should have discovered) your injury15.

For example, if you were exposed to a toxic substance but didn’t develop symptoms until years later, the two-year clock might not start until you discovered your illness and its link to the exposure5.

Claims Against the Government

If your injury claim is against a government entity in Texas, you must file a formal claim within six months of the incident in most cases. Some cities or counties may have even shorter notice requirements. It’s important to consult with an attorney as soon as possible to ensure you comply with these strict deadlines15.

Injuries to Minors

For injuries to minors (under 18), the statute of limitations is typically tolled (paused) until they turn 18. This means a person injured as a minor usually has until their 20th birthday to file a lawsuit15.

Medical Malpractice

Medical malpractice cases in Texas generally follow the two-year rule, but there’s an additional restriction. Texas imposes a statute of repose that says no medical malpractice lawsuit can be filed more than 10 years after the date of the medical treatment, regardless of when the injury was discovered5.

Other Exceptions

• Defendant’s Absence: If the person who caused your injury leaves Texas for a time, that time may not count towards the two-year limit5.
• Mental Incapacity: If the injured person is deemed of “unsound mind” at the time of the injury, the statute may be tolled until they regain capacity5.
• Fraud or Concealment: If the defendant fraudulently concealed their wrongdoing, the statute might be extended45.

Importance of Acting Quickly

While the statute of limitations provides a maximum time frame, it’s crucial to act much sooner if possible5.

• Evidence Preservation: Over time, evidence can disappear, witnesses’ memories can fade, and crucial documentation might be lost5.
• Stronger Case Building: The sooner you start working with an attorney, the more time they have to build a robust case on your behalf5.
• Avoiding Complications: Some cases may have shorter deadlines or notice requirements. Starting early helps ensure you don’t miss any critical deadlines5.

Consequences of Missing the Deadline

Missing the statute of limitations can have severe consequences. If you try to file a lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case. This means you’ll lose your right to seek compensation through the court system, regardless of how strong your case might have been otherwise135.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney can help you navigate the complexities of the statute of limitations and ensure that you don’t miss any critical deadlines. They can:45

• Determine the exact deadline that applies to your case.
• Investigate and gather evidence promptly.
• Handle all necessary paperwork and filings.
• Negotiate with insurance companies.
• Prepare your case for trial if necessary.

Understanding the statute of limitations is essential for protecting your rights after a personal injury in Brazoria County, Texas. While the general statute of limitations is two years, there are several exceptions and nuances that could affect the deadline for filing your lawsuit. Consulting with an experienced personal injury attorney as soon as possible can help you navigate these complexities and ensure that you don’t miss your opportunity to seek compensation for your injuries and damages.

Get Help From an Experienced Personal Injury Lawyer in Texas

An experienced personal injury attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.