Midland & Odessa Personal Injury Attorneys
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How Long Do I Have to File a Personal Injury Claim?

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 the deadline.

  • 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.