What is the Personal Injury Statute of Limitations in Texas?
The state of Texas has a three-year statute of limitations for personal injuries. This means you must file suit within three years of the date of the incident causing your injury. If you fail to do so, your claim will likely be barred. In addition, there are some exceptions to this rule. For example, if you are under 18 years old at the time of the accident, you have until age 21 to bring a lawsuit. However, even if you meet one of those exceptions, it still won't save your claim if you don't file within the allotted time period.Two Years is the Standard Time Limit for Texas Personal Injury Lawsuits
The Texas personal injury statute of limitation is spelled out in Texas Civil Prac & Remedies Code Section 16.003, which states that any civil action for personal injury must be filed within two years after the day it accrued. This includes both negligent and intentional torts.
So if, after another person’s careless or intentional act caused you injury, you want the court to award you compensation for your losses, this 2-year deadline applies, regardless of the legal theory used to sue. If you are injured by someone else’s carelessness or recklessness, such as a car driver running into you, the clock starts ticking the moment the accident happens.
If you are injured by someone’s intentional acts, such as a doctor performing surgery without consent, the clock starts ticking when the wrongful act occurs. In either case, however, the clock does not start ticking again once the victim recovers from his injuries.What If You Miss the Filing Deadline?
If you miss the deadline to file a personal injury lawsuit in Texas, it doesn't necessarily mean that you lose your right to pursue compensation for your injuries. But it does mean that you won't be able to collect damages from the defendant and his or her insurance carrier. This is because the two-year limitation period begins ticking once you discover your injury, not when you are injured.
The discovery rule is one of the most important rules of civil procedure in Texas, and it applies to every type of claim imaginable. For example, if you've been diagnosed with cancer, you don't have to wait until the doctor tells you that you have cancer to start suing the medical facility where you received treatment; the clock starts ticking immediately upon diagnosis.
But what about personal injury cases? What if you missed the deadline to file suit against the party responsible for your injuries? Does that mean that you've lost your right forever to seek recovery for those injuries? Not exactly.
You still have a chance to recover damages, even though you missed the deadline to sue. In fact, there are several circumstances under which you can still obtain relief despite missing the filing deadline. These include:
- A "fraudulent concealment" exception.
- An "equitable tolling" exception.
- A "continuing tort" exception.
The Texas personal injury statute of limitations is two years. However, there are exceptions to the rule. These include situations where the victim is under a legal disability, such as being underage or suffering from mental illness, or where the alleged tortfeasor flees the state. In addition, the statute of limitations does not apply to claims against governmental entities.Talk to a Personal Injury Lawyer
An experienced personal injury lawyer 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 consultation.