Texas has a statute of limitations of two years from the date of the injury following an accident for a personal injury claim. If you attempt to take the at-fault party to court after two years, it is unlikely that you will be able to pursue legal action and hold the negligent party responsible.
While two years may seem like plenty of time to take action after a personal injury accident, it can take months to build a strong case before filing. For that reason, it is imperative that you reach out for legal help us as soon as possible.
Understanding the Two Year Statute of Limitations on Personal Injury Claims
A statute of limitations is a deadline placed on how long you have to file a lawsuit to recover compensation for your physical injuries and financial expenses and losses. However, the details of your case may change the exact amount of time you have to file a claim. For example:
You might have less time if a government agency is liable.
When the liable party is a government agency, special rules apply. These rules could include limits on how much money you can collect or rules about how quickly you need to notify them of the accident.
You might have more time if the injured party was under age 18.
When a minor suffered injuries in a car accident, the statute of limitations may not begin until they reach the age of 18. For example, a child may have until the day they turn 20 to file a lawsuit based on a personal injury accident in Texas.
Texas Statute of Limitations Only Applies to Filing a Civil Lawsuit
The Texas statute of limitations discussed here only applies to the time you have to file a lawsuit in a Texas civil court. It is important to note that most successful personal injury cases in Texas tend to settle out-of-court.
Our approach to most personal injury cases includes:
- Meeting with the client to review their case and determine its validity
- If we believe we can build a strong case, we offer assistance
- Launch a full investigation into the incident, injuries, and value of the claim
- Develop a solid case against the liable party is developed
- Approach the responsible party’s insurer and ask for compensation
- When possible, negotiate a fair settlement with the insurer
Since we do not frequently take these cases to court, the statute of limitations does not always directly come into play. However, it is still crucial that we help our clients navigate the insurance claims process before this deadline passes. Having the option to pursue legal action if necessary provides a key incentive for the insurance company to offer us a better settlement offer.
If the insurance company does not offer a fair settlement agreement, we can still file a lawsuit and ask the judge to award you the compensation they believe you deserve based on the facts of your case. If we wait and do not file an insurance claim until the last minute of this period, we may not have this option.
Talk to a Texas Personal Injury Attorney about When You Need to Take Action
The personal injury team at D. Miller and Associates, PLLC can help you understand your options if you want to try to get compensation after suffering an injury because of someone else’s negligence in Texas. We can explain how the laws apply in your case, and why it is essential to act quickly. We will help you build a claim against the at-fault party, and fight for the compensation we believe you deserve.
We offer free case review and handle personal injury cases on a contingency basis. You owe us no attorney’s fees unless we can recover compensation on your behalf. Call us today at 713-850-8600 for your complimentary initial consultation with a member of our legal team.
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