The statute of limitations is a law that sets a time limit on when a person involved in a dispute with another person, business, or municipality, can initiate a legal proceeding. The statute of limitations varies by jurisdiction. It also varies depending on the nature of the claim. Our attorneys at Springer & Lyle offer a free consultation, so they can evaluate your potential claim and determine when the statute of limitations expires.
Statute of Limitations in Texas for a Personal Injury Claim
In general, Texas law requires a personal injury claim to be brought within two years “after the day the cause of action accrues.” In a personal injury case, such as a car or truck accident, a dog bite, or a slip and fall accident, the injured person must file, with only a few exceptions, two years from the day after the accident occurs.
Some exceptions to the two-year limitation period include:
- An asbestos-related injury.
- An injury that occurs that is the result of the conduct of someone who has violated certain criminal statutes. An example would be an assault case.
- The injury occurred to someone who was a minor at the time the accident occurred.
- Wrongful death claims can be brought within two years from the date of death. However, survival claims of the deceased may be barred if a suit was not brought within two years of the date of the date of the occurrence.
If you miss the deadline established by the statute of limitations by even one day, you can lose forever your right to pursue your claim for damages in court. If, at the time the deadline passes, you are in settlement negotiations with an insurance company or person who caused you harm, expect negotiations to cease. There will no longer be any incentive to settle the case with you since the other party will know you are barred from filing a lawsuit against them.
Contact an Attorney for More Information
The Texas Supreme Court carved out some exceptions for extending the statute of limitations for some claims where a party missed or misses the filing deadline during the COVID-19 pandemic. Check with an experienced personal injury attorney who can evaluate the circumstances of your injury to see if you meet the qualifications for an extension.
The personal injury attorneys at Springer & Lyle can help you file your case before the statute of limitations expires, so you can recover the compensation you are reasonable entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.