What Is the Texas Statute of Limitations for Personal Injury?
Knowing the statute of limitations for personal injury cases is crucial for those who have been harmed and are looking to seek justice. Why? If you don’t know the Texas statute of limitations for personal injury and you miss your deadline, it could mean getting no compensation at all.
What is the Texas statute of limitations for personal injury? What is the statute of repose in Texas? The Houston personal injury lawyers from Grimes & Fertitta are here to answer all of these questions and more. If you or a loved one has been harmed by the negligence of another party, call Grimes & Fertitta today at (713) 224-7644 to start fighting for what you deserve.
What is a statute of limitations? Why does it exist?
A statute of limitations is the amount of time after an incident in which you can initiate legal actions about the incident. If you’re involved in a situation and you want to sue someone else who was involved in the situation, you must do so before the statute of limitations has passed.
If you wait too long to decide to take legal action against someone and miss the deadline, you may lose your right to seek the compensation you are owed. This is why knowing the Texas statute of limitations for personal injury is so essential.
Why does the statute of limitations exist?
Doesn’t it seem unfair that you may be unable to sue someone who wronged you after the statute of limitations has passed? Yes and no. There are a few very important reasons why statutes of limitations exist, including:
- Integrity of evidence. Facts get blurry over time. Memories fade, evidence can be tampered with, and people can move away or die. To ensure the integrity of evidence present in a personal injury case, they must take place in a timely manner.
- Boundaries allow victims to get what they deserve. Giving a multiple-year statute can allow victims to receive more accurate amounts of compensation. Instead of rushing your case to trial and getting what you can now, statutes of limitations allow attorneys to determine the true extent of their client’s injuries, and get them what they really deserve.
- Deterrence of harassment. Statutes of limitations ensure that lawsuits do not go on forever, and therefore the people involved in lawsuits have an opportunity to eventually move on from them.
How long do you have to sue someone for personal injury in Texas?
What is the statute of limitations on an accident in Texas? In Texas, the statute of limitations for personal injury cases is generally two years.
This means that those wondering when to sue for personal injury should always err on the side of caution and contact an experienced personal injury attorney as soon as possible. Whether you’re suing for emotional distress, significant injuries, property damage, or both, you’ll need to make sure to do so within two years of the date of the incident.
Texas statute of limitations: wrongful death
Because the death of an individual is the most serious consequence of any incident, many people assume that the Texas wrongful death statute of limitations is much longer than the Texas statute of limitations for personal injury, but this is not true.
The statute of limitations for wrongful death in Texas is still generally two years from the date of the incident, or two years from the date of the death of the deceased. If you want to get justice for your loved one who has passed due to someone else’s negligence, contact a wrongful death attorney as soon as possible. They can handle the heavy lifting as you grieve and heal.
Exceptions to the statute of limitations in Texas
While the statute of limitations is generally two years, there are a few situations in which the window would be longer, including:
- The victim was either under the age of 18 or not of sound mind at the time of the incident. This is called being “under a legal disability” and will cause the statute of limitation’s window to begin once the victim either turns 18 or can be said to be of sound mind again.
- The person who was responsible for the accident or the harm leaves the state. If the negligent party leaves the state the clock on the statute of limitations will be frozen until they return to Texas.
- If it can be said that the victim did not know that they had a personal injury claim, the deadline may be extended to begin at the date on which the person knew (or should have known) that they suffered an injury or have a claim.
Most of the exceptions to the statute of limitations in Texas have to do with the discovery of injuries and the ability to pursue a claim. There are other reasons for which a person would be unable to pursue what they are owed, and those reasons might also extend the deadline on the Texas statute of limitations for personal injury.
What is the statute of repose in Texas?
Statutes of repose in Texas are mostly applicable to product liability law. They act, much like a statute of limitations, as a final cutoff for legal action surrounding an incident in which someone is harmed.
While the statute of limitations for a personal injury case involving a defective product would still be two years, the statute of repose in Texas, which is 15 years, would also apply. To put it simply, if you purchased a bottle of aspirin 15 years ago, decided to take some of that aspirin today, and that aspirin ate a hole in your stomach, the producers of the aspirin would be protected by the statute of repose.
So, if you are harmed by a product and want to pursue a claim against the manufacturer of that product, you must do so within 15 years of purchasing that product.
Don’t let the Texas statute of limitations for personal injury expire, call the attorneys at Grimes & Fertitta today!
Remember, the Texas statute of limitations for personal injury cases is generally two years from the date of the injury. Don’t wait until it’s too late to contact a trusted personal injury attorney to file your case, or you could be left out in the cold entirely. The more time your attorney has to work on your case, the better chances you have at getting the compensation you deserve — so don’t wait to call the attorneys at Grimes & Fertitta and ask them to fight for you and your family.
Whether you need a Houston car accident lawyer after being involved in a serious wreck or a
work injury lawyer in Houston to protect your interests against those of a corporation, the winning attorneys at Grimes & Fertitta are here to help. Call Grimes & Fertitta today at (713) 224-7644 or contact us online for a free consultation.
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