• May 12, 2022|
  • Posted by: Michael Francis|
  • Read Time: 3 minutes

The Statute of Limitations for Personal Injury Claims in Texas

If you’ve suffered a personal injury, you may have a claim against the party whose negligence caused your damages. However, you must act fast: you need to file your claim within the applicable statute of limitations, or you risk losing the right to recover compensation for your injuries.

Statute Of Limitations For Personal Injury Claims In Texas

What is The Statute of Limitations For Personal Injury in Texas?

The statute of limitations, generally, is the time by which a claim must be filed; it is the specific time period by which a plaintiff must file their lawsuit. Once that time runs out, the plaintiff’s claims are time-barred, and their legal right to bring a valid claim expires. Each state has its own statutes of limitations in various types of civil cases, including personal injury claims. There are good reasons to have these statutes in place: they can help make sure important evidence is preserved in the case, and they can prevent defendants from being subject to unfair legal actions. The statute of limitations ensures that lawsuits are filed in a timely manner, while also giving the plaintiff some time to prepare their case, assess their damages, and file their claim.

The Texas statute of limitations for personal injury claims is typically two years from the date of the event that led to your injuries. The clock generally begins to tick when the “events leading to the cause of action” first occurred. As an example, if you were injured in a car accident, then you must file your claim within two years of the date of the accident. As another example, the same two-year time period applies to an injury that you may have suffered on the premises of another homeowner or business.

The two-year statute of limitations applies to most types of personal injury cases. For example:

If you miss the statute of limitations, you will lose your right to seek compensation for the damages you have suffered in your accident, whether that be medical bills, pain and suffering, or the general decline in your quality of life. For that reason, it is extremely important to be aware of the statute of limitations and file a timely claim in your case.

Are There Any Exceptions?

There are some exceptions about which you should be aware, but they tend to apply only in very specific situations. For example, the statute of limitations may be extended where the victim of personal injury was under the age of 18 when the injury or accident occurred, the victim was not of sound mind, or the victim did not know that they had suffered an injury until later. The statute also sets out specific rules for silica and asbestos-related cases, as well as claims that arise from sexual assault. If the person who caused the injury leaves the state of Texas for a period of time, the clock may stop ticking against the statute of limitations until the party returns.

On the other hand, the statute of limitations may actually be shorter than two years in some cases. For example, if you have a claim against certain government actors or entities, you may need to file that claim sooner than the general two-year limit, often only giving you a six-month window by which you must file. Because these are very specific exceptions, it is very important to consult with a knowledgeable and experienced personal injury attorney right away about the specific facts of your case: doing so can help you ensure that you file your claim within the applicable time limits. 

How Can The Francis Firm Help if You've Been Injured?

To ensure you don't run over the statute of limitations in your case, contact us as soon as possible. We can help you investigate the facts of your case, interview witnesses, and preserve important evidence to present in your case. We are experienced in all types of personal injury cases and familiar with the statute of limitations that applies. The sooner you hire an attorney, the more successfully they can help to preserve your rights, protect your evidence, and ensure you receive full compensation for your injuries.

Michael Francis is Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and has more than twenty-five years of experience litigating cases throughout the State of Texas. He has secured verdicts and settlements for clients totaling more than $30,000,000. No matter the nature or severity of your injuries, at the Francis Firm, our Southlake personal injury lawyer will fight to protect your legal rights. You don’t have to fight this battle alone. Please reach out to us online or call us at 817-587-2212 today for a free, no-obligation consultation. 

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Michael Francis

Michael Francis is the founding partner of the Francis Firm and Flynn & Francis, LLP and has spent more than twenty-five years litigating personal injury and commercial litigation cases throughout the state of Texas and across the country. He is Board Certified in Personal Injury by the Texas Board of Legal Specialization.

Michael focuses his legal practice on personal injury and business litigation cases, with a particular emphasis on trucking, motor vehicle and complex commercial litigation matters. Michael has more than twenty-five years of experience litigating cases throughout the State of Texas, against many of the largest corporations and insurance companies. He has secured verdicts and settlements for clients in excess of $20,000,000.