Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best of 2024

Don't Miss Your Chance: Statute of Limitations for Personal Injury Claims in Texas

Personal Injury Law The statute of limitations is an important factor when it comes to pursuing personal injury claims in the state of Texas. This legal timeframe determines the window of opportunity within which victims can file lawsuits seeking compensation for their injuries.

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the incident or discovery of the injury. However, there are certain exceptions to this rule that can either shorten or extend the time limit, depending on the circumstances surrounding the case.

One notable exception is for cases involving medical malpractice. In such instances, the injured party has two years from the date of the negligent act or omission to file a lawsuit, or within six months of discovering the injury, whichever occurs later. This extended timeframe allows victims more leeway in seeking justice, considering the complex nature of medical malpractice claims.

Similarly, when it comes to claims against a government entity or employee, the statute of limitations is also extended. In Texas, victims have six months to file a notice of claim against the government agency involved, allowing them some time to gather the necessary evidence and consult with legal professionals before proceeding with a lawsuit.

Another exception to the statute of limitations can occur when the injured party is a minor. In cases involving children, the two-year time limit does not begin until the child turns 18 years old. This allows parents or guardians to pursue claims on behalf of their child, ensuring that the child's rights and future needs are protected.

It is crucial for individuals who have suffered personal injuries to be aware of the statute of limitations in Texas. Failing to file a claim within the specified timeframe can result in the loss of legal rights and the inability to seek compensation for damages suffered as a result of someone else's negligence.

Considering the time-sensitive nature of personal injury claims, it is advisable to seek legal counsel as soon as possible following an accident or injury. A personal injury attorney can provide guidance, evaluate the merits of the case, and ensure that all necessary documentation is prepared within the statutory timeframe.

What Is a Statute of Limitations?

A statute of limitations is a legal term that refers to the timeframe within which a person can file a legal claim or lawsuit against another individual or entity. It establishes a specific period during which a plaintiff is permitted to bring forward a case and seek compensation or justice for a particular incident.

In essence, a statute of limitations sets a deadline for legal actions, ensuring that claims don't remain open indefinitely. It is crucial to understand that the time limit begins from the date of the incident or discovery of harm. While the specifics can vary from one jurisdiction to another and depending on the type of case, the purpose remains consistent—to promote efficiency, fairness, and stability in the legal system.

These statutes play a fundamental role in the administration of justice. They provide security and certainty for defendants, as they can expect that potential claims will expire within a given period. This prevents them from facing lawsuits long after the incident occurred, when gathering evidence and locating witnesses may become challenging. The statute of limitations also protects against claims that might have been fabricated or exaggerated due to the passage of time.

Furthermore, statutes of limitations offer protection to individuals who may have made mistakes in the past but have since changed their ways. It prevents the threat of future legal actions for incidents that occurred years ago, allowing individuals to move forward without constantly fearing the consequences of past actions.

From a broader perspective, these time limits assist in promoting efficiency within the legal system. They encourage timely resolution of disputes by encouraging individuals to come forward with their claims promptly. This serves the interest of justice, as it becomes easier to assess evidence and establish liability when cases are relatively fresh and memories are clearer.

It is important to note that statutes of limitations can vary greatly depending on the jurisdiction and the type of case. They can range from a few months to several years, depending on the severity and nature of the offense. For example, some jurisdictions may impose shorter time limits for personal injury cases, while others may allow more time for cases involving fraud or professional malpractice.

It is crucial for potential plaintiffs to be aware of the statute of limitations applicable to their case. Failure to adhere to these time limits can result in the dismissal of a claim, making it essential to consult with legal professionals promptly to ensure that all necessary steps are taken within the prescribed timeframe.

In conclusion, a statute of limitations provides a timeframe within which a person can bring forward a legal claim or lawsuit. It serves the purpose of promoting efficiency, fairness, and stability within the legal system. These time limits protect both plaintiffs and defendants, ensuring that claims are filed in a timely manner and providing certainty that past actions will not come back to haunt individuals indefinitely. Understanding the statute of limitations relevant to a specific case is crucial to protecting one's legal rights and pursuing justice within the prescribed timeframe.

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.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.