Does a Texas Personal Injury Claim Have to be Filed Within a Certain Amount of Time?

Does a Texas Personal Injury Claim Have to be Filed Within a Certain Amount of Time?

If you were injured in an accident and you’re thinking about filing a personal injury claim, you may be wondering if you have to file your lawsuit within a certain period of time – a reasonable question indeed!

Every state has enacted time limits for filing personal injury lawsuits and Texas is no exception. These time limits or deadlines are called “statutes of limitations” and they govern how long a plaintiff (an injured party) has to file a personal injury lawsuit in the state. If a plaintiff misses the small window and they file a claim after the statute of limitations expires, the court will turn their case away and they will have no legal recourse.

Statute of Limitations in Texas

Under Section 16.003 of Tex. Civ. Prac. & Rem. Code, the statute of limitations for a personal injury action is two years from the date of the injury. If you are considering filing a personal injury claim, it’s critical that you file the claim within the state’s statute of limitations. If you delay and the deadline expires, your case will be thrown out by the court.

In very limited circumstances a deadline can be extended, but you’ll want to talk to an experienced attorney to see if any exceptions apply to you and your situation. Please be aware that if your injury was the result of the negligence of a government agency or employee in Texas, a different set of rules will apply.

If you have an injury claim against a Texas government; for example, you slipped and fell on a freshly waxed floor at a state government building, you’d file your claim differently. In this scenario, you’d have to file a claim against the specific government unit where you were injured and you’d have to file it within 6 months of the accident.

If you have a personal injury claim, don’t delay. Contact The Zendeh Del Law Firm, PLLC to get your questions answered by an attorney.

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