Statutes of Limitations are legal limitations on the time within which a person can file a lawsuit in a state’s civil court system. When a person suffers an injury in Texas, they must follow the state’s Statute of Limitations in order to retain their right to file a lawsuit and seek compensation for damages.
Time Limits for Personal Injuries in Texas
As per Texas law, a person has two years from the date of the incident causing the injury to file a personal injury lawsuit. This two-year limit applies to the majority of civil cases including personal injuries, property damage, medical malpractice, and wrongful death cases. It’s of utmost importance that you file your case within this two-year time frame because the Texas civil court system is unlikely to hear your case once the statute of limitations has expired.
Exceptions to the Two-Year Rule
While the two-year limit is generally applied, some exceptions can modify the length of the Statute of Limitations in specific cases. An exception might apply if the injured person was under 18 years old, mentally unsound, or unaware of the injury when it occurred. In these cases, the two-year countdown may be delayed, or “tolled,” until the disability is lifted.
What Happens If You Miss the Deadline
If a lawsuit is not filed within the mandated two-year Statute of Limitations, the defendant (the party alleged to have caused the injury) has the right to use the expired time limit as a defense against the injury lawsuit. If they succeed in supporting their claim with the relevant dates proving the expiry of the statute, the court will almost certainly dismiss the case.
Working with a Lawyer
Understanding and applying the Statute of Limitations can be challenging, primarily given the potential exceptions to the rule. Therefore, working with an experienced pedestrian accident lawyer in Arlington, TX can be extremely beneficial in injury cases. They can guide you through filing your lawsuit in a timely manner, ensure you don’t forfeit your right to seek compensation, and can help you navigate the Texas legal system more confidently.
Summary
Time is crucial when dealing with personal injury claims in Texas due to the strict two-year Statute of Limitations. While exceptions do exist, they require careful analysis of the specific circumstances surrounding the incident. Consulting with an experienced lawyer can ensure that you stay within this time frame and that your injury claim is processed correctly.