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Statute of Limitations in Texas

When people are injured in accidents as a result of another’s negligence, they cannot wait several years to file a lawsuit. Instead, the injured party must file a lawsuit within Texas’ statute of limitations. What is a statute of limitations? It is a law that prevents someone from initiating a lawsuit after a set time period has passed.

Let’s say that five years ago you were visiting a home and you tripped on a damaged stair, fell down 20 steps and suffered a traumatic brain injury. To this day, you still suffer from confusion, memory loss, headaches, and concentration problems.

Today you decide to file a lawsuit against the property owner because you can no longer afford your medical bills and, you’re having difficulty holding down a job because of your injuries. Unfortunately, in Texas the statute of limitations for personal injury is two years. Since you would be filing your lawsuit three years after the statute of limitations passed, you wouldn’t have a case.

Two Year Statute of Limitations for Personal Injury

Under Sec. 16.003 of the Civil Practice and Remedies Code, there is a two year statute of limitations for personal injury lawsuits. This means that an injured person must bring a lawsuit within two years of the date of the accident, otherwise they forfeit their right to file a claim.

In Texas, the two year statute of limitations applies to:

  • Medical malpractice
  • Personal injury
  • Injury to property
  • Product liability
  • Wrongful death

If you, or someone you love has been injured in an auto accident, a motorcycle accident, by a defective product, or while visiting another’s property, it is crucial that you take the necessary steps to file a claim within the statute of limitations.

Even though you technically have two years to file a suit, the sooner you file the better. As time passes, evidence gets lost and witnesses’ memories get diluted. By acting quickly, we can get to work building a solid case that will give you the greatest chances of obtaining the best possible settlement or verdict.

If you have been injured anywhere in Dallas, Fort Worth, Plano or Frisco, contact the Zendeh Del Law Firm, PLLC to schedule a meeting with an experienced member of our legal team!