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There are many deadlines in a personal injury lawsuit in Texas. This includes:
Statute of Limitations Laws in Texas
If you were injured in Texas, even if you did nothing wrong, you must file your lawsuit before a certain deadline set by Texas state law. This kind of law is known as a statute of limitations.
Knowing the deadline for your lawsuit can depend on:
- How you were injured
- Where you were injured
- Who injured you
- When you learned of the injury
- Law enforcement reporting requirements
- Insurance requirements (making a claim, reporting)
What is a statute of limitations?
The statute of limitations sets out a certain window of time after the accident. Any lawsuits relating to that accident must be filed before the deadline in the statute of limitations.
After the statute of limitations has expired, lawsuits will usually be barred (blocked) and the Court will refuse to hear the case. This is true even if you did nothing wrong and the facts and law on your side.
That is why after an auto accident, it is important to speak to a Texas personal injury attorney that can understand your case and advise you on how long you have to file the case.
When Does A Statute of Limitations Begin To Run?
Statutes of limitation usually start running at the moment the injured person has a right to file a lawsuit. This is sometimes known as the trigger.
When The Victim Was Injured
In many cases, the trigger begins at the moment the injured person receives the injury. For example, the statute of limitation for injuries from an auto accident might start at the moment of the accident.
When The Victim Learned Of The Injury
In some cases, where the injured person could not have known earlier about the injury, the statute only starts when the person knows about the injury. However, in these cases, if the person could have known about the injury, that counts too. Therefore, it is important not to wait, to receive medical care and to discuss the matter with an experienced Texas personal injury attorney.
Statutes of Limitation For Different Types of Injury in Texas
Statutes of limitation are different for different types of wrongful acts.
- For example, to recover for someone defaming you (printing something false and harmful about your character), the statute of limitations is one year from the date you knew the defamation was published.
- But for a car accident In Texas, you have 2 years from the date of the accident to file your lawsuit in the court system.
Texas Statute of Limitations for Personal Injury Lawsuits
Under Texas Civil Practice & Remedies Code section 16.003, personal injury lawsuits must be filed within two years after “the cause of action accrues.” The cause of action is the reason you are suing. So you must file the lawsuit within two years of the accident.
Texas Lawsuits Against the Government Have Special Rules
If your case involves a state agency or the Texas government, many different rules apply. In cases like these, you can’t just file a lawsuit. You must file a formal claim with the part of the government you think is responsible for your injury.
This must be done within a given timeframe and as little as 45 days from the time you were hurt. You must include the details of the accident and the time and place of where it happened. There are different rules and caps on damages when you file a claim like this.
Even if you did nothing wrong and the facts are on your side, if the statute of limitation deadline has passed, your personal injury lawsuit may be rejected.
So it is vital to understand the particular statute of limitation for your case. A Texas personal injury attorney from Justinian & Associates can understand your case and advise you on how long you have to file the case.
We understand when the cause of action accrues and the lawsuit period begins to run. And we are experienced with insurance company tricks and methods to argue that a deadline has passed.
Contact us for a free consultation with a seasoned personal injury lawyer. We will listen to your story and explain your options under Texas law.
