Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in Texas. If you need to know more, please read on for more details, then contact a skilled Tyler, TX personal injury attorney to learn what is the statute of limitations for personal injury claims in Texas.
How long is the statute of limitations in Texas?
In the state of Texas, the statute of limitations for personal injury claims is two years. That means you have no more than two years from the date of the accident to file a lawsuit against the person or entity responsible for your injury. This is true whether the case is driven by the liability principle of “negligence,” which applies to most accidents, or intentional torts, which applies to civil assault and battery and other purposeful conduct.
What happens if you miss the statute of limitations in Texas?
If more than two years have passed since the underlying accident and you still bring forth a lawsuit, the defendant will almost certainly point this out to the court and file a motion to dismiss. However, there are exceptions, which include the following:
- If the injured person is “under a legal disability,” i.e. under 18 or of “unsound mind,” at the time of the underlying accident, the two-year “clock” won’t start running until the period of legal disability is over
- If, at some point after the underlying accident, and before the lawsuit can be filed, the defendant leaves the state of Texas, the period of absence will not be counted as part of the two years
How can a Smith County personal injury attorney help you?
These cases have a tendency to languish in the state’s civil courts. A seasoned legal professional will see that it does not happen in your case. Furthermore, our firm can help you better assess your case and whether or not the statute of limitations will be waived in this instance. Do not go it alone. If all this sounds complicated, give us a call today.
Contact our experienced Smith County, Texas firm
There are few things more jarring and disturbing than being wrongly injured in an accident. Our firm understands how difficult it can be to recuperate after a serious accident, which is why we are here to help you through the legal process, every step of the way. If you or a loved one were injured in an accident due to another party’s negligence, you need a skilled attorney on your side. Contact J. Chad Parker, PLLC today for an attorney who is ready to fight for the compensation you deserve.