In the weeks and months following an accident, you’re likely focused on recovering and getting back on your feet. You might not think too much about making a civil claim, believing that your insurance will be enough to help you get through this challenging time.
Time can quickly fly by, but if you don’t take prompt legal action, you can miss out on the chance to secure the compensation you need for a full recovery. Texas’ statute of limitations bars lawsuits after a certain amount of time has passed.
At Burch Law Firm, our attorneys are familiar with the Texas statute of limitations for personal injury claims, and we can help you begin your case as soon as possible. Keep reading to learn more about the statute of limitations in Texas, including relevant exceptions and when you should seek assistance from an attorney. You can also contact us directly to learn more about your personal injury case’s statute of limitations.
What Is the Statute of Limitations?
Every state sets its own statute of limitations that places a limit on the amount of time a person has to bring a civil lawsuit against another party. Once the statute of limitations expires, the court will almost always bar an individual from seeking to file a lawsuit or pursuing their tort action.
Texas Statute of Limitations by Claim
The statute of limitations in Texas is different for each type of claim. For most types of personal injury claims, the deadline is two years from the date of the accident. For example, if you were in a motor vehicle accident on June 1, 2021, you must file a lawsuit before June 1, 2023 to retain your right to sue the negligent party. The statute of limitations in a truck accident case is generally the same as that of a car accident case.
The deadline that generally applies to other types of personal injury claims in Texas is:
- Two years for wrongful death claims
- Four years for claims involving fraud or breach of fiduciary duty
- Fifteen years for claims based on sexual assault or sexual abuse of a child
Usually, the statute of limitations begins running on the date of the accident or injury. However, this is not always the case. For example, in some situations regarding a wrongful death case, the statute of limitations begins running from the date of your loved one’s passing, instead of the date of the underlying incident that initially injured them.
A qualified New Braunfels personal injury attorney can help you determine the statute of limitations that applies to your case.
What Happens If the Statute of Limitations Expires?
Unfortunately, failure to file a lawsuit within the statute of limitations usually means you will be permanently barred from recovering compensation for your losses. Depending on the extent of the injury you suffered, the inability to seek compensation may mean you must shoulder the burden of numerous losses and expenses on your own. Such costs could include hundreds or thousands of dollars in medical bills, lost wages, property damage, pain and suffering, and insurance payments.
If the statute of limitations expires, the claimant forfeits the right to pursue and recover damages, regardless of the type of personal injury claim. This experience can be painful, but an understanding of the Texas statute of limitations can help you make sure to file claims at the appropriate times. A knowledgeable New Braunfels personal injury lawyer has experience dealing with and working around the statute of limitations in cases. Do not hesitate to contact Burch Law Firm in Comal County for questions about your case.
Exceptions to Texas Statute of Limitations
While the statute of limitations for personal injury cases in New Braunfels and throughout Texas is usually two years, there are some exceptions, including:
- Age – The statute of limitations is tolled, or delayed, if the victim is a minor. For example, if an 11-year-old child is injured in a motor vehicle accident, the two-year statute of limitations does not begin until the child reaches 18 years of age. Therefore, the victim would have until their 20th birthday to file a lawsuit against the negligent party.
- Unsound mind – If the victim is not of sound mind (incapacitated), the statute of limitations is tolled until they are of sound mind.
- Fraudulent concealment – If the defendant intentionally concealed information from the victim so that the victim did not know they had a viable claim, the statute of limitations does not start until the victim discovered the relevant information or reasonably should have discovered it.
- Discovery rule – The discovery rule applies, in certain situations, when an injured person was unaware of their injury. When this is the case, the statute of limitations does not begin until the injury is discovered or reasonably should have been discovered.
If any of the above exceptions apply to you, there is a chance you may still have time to file a lawsuit, even if it has been more than two years since the accident. It should also be noted that, in some cases, you may have less time to file your lawsuit, such as if the government is involved. An attorney can help you understand how Texas’ statute of limitations on personal injury claims applies specifically to your case.
Should I Talk to a Lawyer Even If I Think It Is Too Late?
In a word, yes.
Even if you are confident that there is no possible way you could ever file a lawsuit, there might be an exception that applies to you. Statutes of limitations vary from case to case and situation to situation. These deviations from the norm and the interpretation of the laws can be confusing, but they can make your case viable even after the typical statute of limitations passes.
If you are wondering whether it is too late to file a personal injury claim, you should speak with a Texas injury lawyer as soon as possible.
Why Do I Need an Attorney?
Working with an attorney is essential when handling time-sensitive and important cases. Your lawyer can help you prepare your case by:
- Conducting an investigation into the cause of your accident and all potentially liable parties
- Gathering evidence to establish fault and legal liability for the accident
- Calculating the full extent of damages for which you should be compensated
- Explaining the law and how different legal principles like the statute of limitations apply to your case
- Ensuring that you take legal action within the statute of limitations that applies to your case
- Working with experts to obtain a complete understanding of how the accident happened and the full extent of your damages
- Negotiating for fair compensation in your case
- Advising you when it is best to litigate your case
A knowledgeable New Braunfels personal injury lawyer can make sure that you understand the law and how it applies to your case. They can handle the complex process of pursuing a claim on your behalf while you focus on your recovery.
Contact Burch Law Firm to Pursue Compensation for Your Injuries
The statutes of limitations in Texas are complex rules that can have a big impact on your case. Even when people assume they can no longer file a lawsuit, there may be hope for your personal injury lawsuit. With that in mind, it is better to have an advocate fighting for you as you begin the process of obtaining compensation.
At Burch Law Firm, our New Braunfels personal injury attorneys are committed to helping people who have been injured due to someone else’s negligence. We understand how difficult it can be to recover after an accident, which is why we try to make the process as easy as possible for our clients.
After you are injured in an accident, filing a lawsuit may be the last thing on your mind. However, it is important to act sooner rather than later if you are considering filing a civil case. Our injury lawyers provide one-on-one attention and can inform you at the start of your case if a legal claim is a viable option for you. We will put more than a quarter century’s worth of legal experience to capably guide you through the legal process.
Please contact us today by phone or online for your free case consultation to learn how we will fight for you. You will speak directly to an attorney who can explain your legal rights and options.
