Experiencing any sort of personal injury accident can be an overwhelming experience. For most people, the first thought that comes to mind after the pain sets in isn’t always, “how should I take legal action?” But more so “how will I pay my bills” or “how can I take care of my family without a job?” It is imperative that you know your rights of taking legal action as part of your recovery process. WIth that in mind, there is a time limit set in place by our Federal and State Governments that places limitations on when you can seek help from a legal standpoint. 

A Statute of Limitations is a law that sets the maximum time that parties have to initiate legal proceedings from the date of an alleged offense. A personal injury is filed as a civil lawsuit, where each state houses its own statute of limitations. In Texas, Statutes of Limitations can vary depending on the type of lawsuit being filed. The statute for a personal injury claim is two years. (Tex. Civ. Prac. & Rem. Code section 16.003.) This time starts from the date of the event that caused the injury. If this deadline is not adhered to, you have the possibility of losing your right to file the claim at all. It is also important to keep in mind the longer you wait, the harder it could be for you to recover proper evidence for your case, preventing you from receiving the full compensation you deserve. 

A few exceptions can pass with an extension of the standard statute of two years. Those exceptions can relate to:

  • Sexual assault
  • Silica-related injuries
  • Asbestos-related injuries
  • Certain maritime claims
  • Claims involving minors 
  • Claims where the injury is subject to the discovery rule
  • Medical malpractice claims

If you have any questions, please contact one of our experienced personal injury trial lawyers. Do not hesitate to reach out even if you are close to that deadline. You could be missing out on your right to claim compensation for your injuries and we are here to help! Kherkher Garcia, LLP will assist you with your case by recovering medical information and get you on the path to a peaceful and restful future. We will meet you where you are and find the best options to maximize your results. We don’t get paid until you win.