Anyone with a personal injury claim in Texas must file their case within the time established by the statute of limitations. Generally, plaintiffs must file their claims within 2 years, but this rule may be flexible under special circumstances. Ask an attorney for help filing your case on time as soon as possible.
The standard statute of limitations for personal injury claims requires that plaintiffs file within 2 years of when their cause of action accrues. For many, this is when the accident happens, but for others, it might occur sometime later. If the statute of limitations closes and we have not filed anything in court, you might be time-barred from ever filing the case. As such, it is imperative to get to work with a lawyer as soon as possible.
For a private, free case evaluation, call our Texas personal injury attorneys with Cap City Injury Attorneys at (512) 612-3110.
How Long You Have to File a Personal Injury Case in Texas
How much time you have in which to prepare and file a personal injury lawsuit is controlled by the statute of limitations.
The statute of limitations that typically applies to personal injury claims is found under Tex. Civ. Prac. & Rem. Code § 16.003(a). The law gives plaintiffs 2 years from when their cause of action accrues to file a case in court. Generally, the cause of action may accrue on the day of the accident, although this can vary from case to case.
It can take a long time to fully prepare a civil personal injury case before it is filed. As such, you should contact an attorney about starting your case as soon as possible so they can maximize the time that they have to prepare.
How Do I Know When the Statute of Limitations Begins for My Personal Injury Case?
The statute of limitations usually begins when the cause of action accrues, or when it becomes actionable and the plaintiff has the right and standing to sue. This is not always the same in every case, and you may need to ask an attorney for help.
Often, the cause of action accrues when the plaintiff is injured. For example, if you want to sue for a car crash, your cause of action may accrue on the same day as the accident. This means the statute of limitations would start counting down your time to file almost immediately.
However, special circumstances, like being a minor or having other legal disabilities, might mean the cause of action does not accrue until later. Some plaintiffs do not realize this, and you might have more time than you first thought.
How the Personal Injury Statute of Limitations Affects Minors
Minors are often treated differently by our legal system in many respects, including filing civil claims. While a minor may file a personal injury lawsuit, the statute of limitations does not begin until they are an adult.
According to Tex. Civ. Prac. & Rem. Code § 16.001(b), if a minor is injured in an accident, the statute of limitations would not start counting down their time to sue until they turn 18. At that point, the plaintiff would have the full 2 years normally granted under the statute of limitations, giving them until age 20 to file a case.
This law also applies to those under a legal disability,” which may be a condition that prevents them from taking legal action independently. A common example is a mental health condition that prevents the plaintiff from understanding their rights. In such a case, the statute of limitations would not run until the disability is removed.
How Can I File a Personal Injury Case if the Defendant Leaves Texas?
Defendants must be served notice of the lawsuit when it is filed, and they usually must be within the borders of Texas or reachable via long-arm statutes. If they are not, our Texas personal injury attorneys might be able to have the statute of limitations tolled.
Under Tex. Civ. Prac. & Rem. Code § 16.063, if a defendant leaves the state, the duration of their absence may suspend the running of the statute of limitations. For example, if the defendant leaves Texas and does not return for 6 months, those 6 months would not count as part of the standard 2 years under the normal statute of limitations.
The plaintiff may need to prove that they have done their due diligence to locate the defendant. Also, if the defendant cannot be found for a long time, the plaintiff may need to show they are still looking and still cannot find the defendant to continue suspending the statute of limitations.
How Long Do I Have to Sue for the Death of a Loved One in Texas?
Some personal injuries are so severe that the victim does not survive. Even so, their legal claims may still live on in the form of a wrongful death case filed by their family.
According to Tex. Civ. Prac. & Rem Code § 16.003(b), you have 2 years to file a wrongful death case related to fatal injuries your loved one suffered. However, unlike ordinary personal injury cases, the cause of action does not necessarily accrue at the time of injury. Instead, it accrues at the time of death.
This is a crucial distinction in cases where an injured victim survived for several weeks or months before succumbing to their injuries.
What Happens if the Statute of Limitations for My Personal Injury Case Closes?
Should the time limit imposed by the statute of limitations close before we can file your case, you might be time-barred. This means you cannot file your claims, no matter how legally valid they were, as the time to do so is past.
However, there might be special circumstances allowing us to file the case even if 2 years have passed since you were first injured. One example might be that you did not know you had a valid cause of action until after the limitation period ended.
Some injuries fly under the radar, and victims might not realize they were injured or that another person is responsible for their injury until much later. This might be because of the complex nature of your injury or because the defendant purposefully misled you about their role in the accident.
Get Legal Help Now From Our Experienced Texas Personal Injury Lawyers
For a private, free case evaluation, call our Austin personal injury attorneys with Cap City Injury Attorneys at (512) 612-3110.