Texas Personal Injury Statute of Limitations [2024 Updated]

Plaintiffs are not given open-ended opportunities to file personal injury claims in court. Every state, including Texas, sets deadlines for when an injury claim can be filed. If you recently suffered a personal injury due to someone else’s negligent acts, you should understand the Texas personal injury statute of limitations and how these filing deadlines could affect your case.

What Are Statutes of Limitations?

Statutes of limitations serve multiple purposes. They encourage plaintiffs to make timely filings, which enables them to use fresh evidence when making their case. It also keeps defendants from being left wondering if they will face legal action for years on end. Legal deadlines serve to make the court system more reliable and efficient.

Legal deadlines can benefit both the plaintiff and the defendant, which is why every state follows some form of statute of limitations. The individual deadlines vary by state, but many require civil actions to be filed within two to four years.

What Happens If I Miss a Filing Deadline?

If you miss a filing deadline, the courts may not accept your claim on the grounds that you missed the statute of limitations. The case would then be dismissed. The defendant’s lawyer would certainly be aware of these deadlines, and they are likely to bring the matter up before a judge as well.

Your lawyer could argue that an exception should be made, but the most likely outcome would be that the case is rejected. This would leave the plaintiff with few, if any options, for seeking compensation through the courts.

Are There Exceptions to These Legal Deadlines?

There are exceptions to the Texas framework of legal deadlines, and the discretion to extend the statute of limitations is up to the judge in most cases. For claims that involve children under 18, the countdown for the legal deadline begins when they turn 18.

In cases involving medical malpractice, the plaintiff may argue that they were not aware of the injury until some period after the surgery or medical procedure. If the judge agrees with that argument, the statute of limitations may be pushed forward to match the date when the injured party became aware of their injury.

Tips to Keep From Missing Important Deadlines

An attorney is crucial for keeping their client’s case from missing important deadlines, which can permanently bar them from pursuing legal action. An attorney can make sure all deadlines are met by identifying the applicable statute for each case, calculating the correct filing date, and gathering the necessary evidence in time.

Personal injury lawyers also understand the exceptions to the filing deadlines and can argue those points in court if needed. Cases involving minors, mental incapacitation, or delayed discovery of the injury are subject to having the statute of limitation extended.

Through this work, an attorney not only preserves the client’s right to seek compensation but also strengthens the case by promptly documenting critical evidence and witness statements.

This proactive approach helps prevent costly delays and protects the client’s legal interests. If you are worried about missing legal deadlines, you can address those concerns during your initial consultation.

Preguntas frecuentes

How Long Do You Have to Sue Someone for a Personal Injury in Texas?

In Texas, personal injury cases generally come with a two-year statute of limitations from the date of the injury. Missing this deadline typically prevents any legal action for damages. Exceptions exist, such as cases involving minors or undiscovered injuries. These may extend the timeline and affect the case duration based on its specific circumstances.

What Is the Personal Injury Limit in Texas?

There is no limit to the amount of compensation a plaintiff can seek in court, but there are limits to when they can file their case. In most cases, the statute of limitations for a personal injury case is two years. There is no guarantee that any settlement demand will be met. The defendant may make a counteroffer. If the case goes to trial, a judge or jury may ultimately decide the settlement figure based on the facts of the case.

Is There a Cap on Personal Injury Claims in Texas?

There is no cap on personal injury claims for compensation. One determining factor for how much you might ultimately receive would be the quality and experience of your legal counsel. Having a quality personal injury attorney can improve the chances that you are paid fair compensation for your injuries and financial losses.

How Can My Attorney Help Me Meet Filing Deadlines?

One of the most important jobs for any personal injury attorney is to make sure their client does not miss important filing deadlines. Personal injury lawyers are well-versed in the state’s statute of limitation laws, so they can pinpoint the date of your injury and make the required court filings in time so you do not miss legal deadlines.

What Is the Ten-Year Statute of Limitations in Texas?

Texas’s ten-year statute of repose for medical malpractice limits the time to file a claim to ten years from the date of the malpractice incident, regardless of when the injury is discovered. This strict cutoff prevents claims from being brought after a decade, even if the injury surfaces later, ensuring long-term finality for healthcare providers.

Schedule Your Personal Injury Consultation Today

The Texas statute of limitations laws limit the amount of time someone has to take legal action in court following a personal injury. While there are some exceptions to this legal deadline, most cases risk being denied if this deadline is missed.

One way you can keep from missing important filing deadlines is to hire an experienced personal injury attorney. They can make timely legal filings so you do not lose out on your ability to seek relief through the courts.

KLJ Law, PLLC, can review your case and take appropriate action so you do not miss any important deadlines. Knowing that a legal professional is on top of handling the paperwork can bring peace and confidence to anyone dealing with a serious injury. To schedule your consultation, contacte con nuestra oficina today.