Statute of Limitations on Personal Injury Claims
Nov. 15, 2022
Traffic crashes are among the major causes of injuries and hospitalizations in Texas and across the United States. According to statistics from Texas Motor Vehicle Traffic Crash Report, there were 552,224 total crashes statewide in 2021, causing 137,535 injuries and 4,489 fatalities.
Fortunately, Texas personal injury laws allow accident victims to seek compensation for their injuries by filing a claim or lawsuit. However, there is a maximum time for which the claimant can bring an action against the at-fault party. An understanding Texas personal injury attorney can walk you through the different impacts the statute of limitations has on your injury claims.
At Jose Orihuela, Attorney at Law, I enjoy advocating for the best interests of accident victims in their injury claims. As your legal team, I can examine your situation, talk about how it applies to the Texas personal injury claims process, and help file your claims within the specified time limit. My firm is proud to serve clients across Houston, Webster, Pasadena, South Houston, Clear Lake, Alvin, Kemah, and Santa Fe, Texas.
Understanding Statute of Limitations
A statute of limitations is a deadline for filing a claim or lawsuit. In a personal injury case, the statute of limitations indicates the particular time limit – or maximum time – after an accident that the injured party or plaintiff can commence legal action. Usually, the statute of limitations will start from the date the accident, injury, or cause of action occurred.
The Statute Of Limitations for Various Personal Injuries
In the state of Texas, the statute of limitations for the majority of personal injury cases – such as car accidents, motorcycle accidents, pedestrian accidents, slip and fall accidents, dog bite injuries, property damages, and product liability – is two (2) years from the date of the incident or injury. Others include:
Wrongful death claims – 2 years
Medical malpractice claims – 2 years
Civil assault and battery claims – 2 years
Product liability claims – 2 years (or 15 years from the date the product was sold)
Claims filed against the Texas government – 6 months
To be eligible to seek compensation for your injuries and damages, you must commence a civil action against the at-fault party within the specified statute of limitations – unless under certain exceptions.
Exceptions to the Statute of Limitations in Texas
Furthermore, there are certain exceptions that allow the court to extend the statutes of limitations, depending on the surrounding circumstances of your unique situation. Below are some exceptions to the Texas personal injury statute of limitations:
Legal Disability – The injured person is below 18 years or mentally incompetent.
Relocation – The at-fault party moved out of Texas for a certain period.
Knowledge of Claims – The victim didn’t know they had a possible personal injury claim or can seek damages from the responsible party.
The Discovery Rule – The injuries were hidden or delayed. Hence, the victim didn’t know.
A well-read attorney can evaluate your specific situation and help determine the deadline to file your personal injury claims.
I’ve Missed The Filing Deadline. Now What?
However, Texas courts take a statute of limitations seriously. Essentially, if you missed the filing deadline or attempted to commence a civil action after the statute of limitations has expired, the Texas courts will reject your claim. As a result, you will lose the opportunity to negotiate with the insurance carrier or pursue financial compensation from the at-fault party.
Generally, claimants in a Texas personal injury case have a limited time. The time to file your injury claim or lawsuit passes by quickly. As a result, you need to act fast and reach out to a knowledgeable personal injury attorney to help file your injury claims, walk you through every legal step involved, and increase your chances of a favorable outcome in your case.
Get the Genuine Legal Advocacy You Need
Being involved in an accident can be unsettling and can affect your financial, physical, and mental health. While you may be eligible to pursue damages, it is important that you file your injury claims as soon as possible. At Jose Orihuela, Attorney at Law, I have devoted my career to guiding clients through the complex procedures involved in Texas personal injury claims.
As your attorney, I can help establish liability, determine your case value, and explore your possible options to recover damages. In addition, I will fight compassionately for your legal rights, file your injury claims, and help you seek fair financial compensation to cover your medical bills, lost income, future medical treatments, pain & suffering, and other possible damages.
Do not delay filing your injury claims. Contact my firm – Jose Orihuela, Attorney at Law – today to arrange a simple case assessment with a dependable personal injury attorney. I have the compassionate representation, support, and skilled guidance you need in your accident case. My firm proudly serves clients across Houston, Webster, Pasadena, South Houston, Clear Lake, Alvin, Kemah, and Santa Fe, Texas.