When filing a lawsuit, time is of the essence. Every state has a statute
of limitations, which is the timeframe within which you must file a lawsuit.
In the state of Texas, the statute of limitations for filing a personal
injury lawsuit is two years, beginning on the date of the injury. If you
fail to file your personal injury lawsuit within this timeframe, and later
try to have your case heard in court, it will likely be thrown out and
you will lose your chance to obtain fair and just compensation for your injuries.
That said, there are exceptions to all rules and the statute of limitations
certainly has its own loopholes.
Exceptions to the Texas Statute of Limitations for Personal Injury Lawsuits
There are a number of circumstances under which the two-year time limit
for filing a personal injury lawsuit can be delayed, essentially extending
- If the injured person is under a legal disability, according to Texas law,
at the time of the accident that caused the injuries, the clock will not
begin on the statute of limitations until the period of legal disability
is over. Examples of legal disability include being of unsound mind or
being under the age of 18. Upon turning 18 or becoming legally competent,
the clock would begin to run on the statute of limitations.
- If the person who allegedly caused the victim’s injuries leaves the
state of Texas before a lawsuit can be filed, the period of absence would
not be counted as part of the two-year deadline.
Statutes of limitations have been used by courts for countless years. The
main reason for their existence is to protect defendants and to encourage
plaintiffs to pursue a lawsuit with reasonable diligence. Filing a lawsuit
early on also guarantees that critical evidence will not be lost over
time and that witnesses will be able to recall important details when
testifying in court, providing reliable memories.
For example, it would be difficult for a jury to trust any witnesses called
to testify regarding a motor vehicle accident that occurred over two decades
ago. Memories become fuzzy and unreliable and evidence might get lost.
The statute of limitations motivates injured parties to act quickly for
the best possible results.
If you are unsure if the statute of limitations has passed on your case,
make sure you reach out to a personal injury attorney as soon as possible.
You do not want to miss out on your chance to hold the responsible party
liable for your injuries.
Skilled Personal Injury Attorney in Odessa
If you sustained injuries that were caused by someone else’s negligent
or reckless actions, you need an experienced
personal injury attorney on your side to fight on your behalf for the compensation you
need and deserve. At Dean Law Firm in Texas, our legal team is backed
by a proven track record of success. Do not hesitate to reach out to us
for the effective legal representation you need.
Get started on your case today and
contact our law office at (432) 214-8125 to request a free initial case evaluation
with one of our compassionate attorneys.