When you suffer a personal injury, your first priority should be on recovery, whether that entails hospitalizations, procedures, physical therapy, or just time to heal. It is important not to delay if you plan on filing a personal injury claim to receive compensation for your injuries. Each state’s laws lay out a statute of limitations or a specific time frame in which you are allowed to file your claim.
In Texas, personal injury claims fall under a statute of limitations ruling, which means you need to file by a certain time, or you could miss out on your claim. Contact a Texas personal injury lawyer from Wolf Law, PLLC as soon as possible so you do not miss out on receiving a settlement. Do not let the statute of limitations stand in the way of your financial recovery.
Texas Personal Injury Statute of Limitations
A personal injury is defined as damages sustained due to another party’s negligence or reckless actions. You must demonstrate that your injuries were caused subsequent to the incident and that they would not have happened had the other party acted reasonably. Personal injuries can include damages like those caused by car accidents, medical malpractice, slip and fall incidents at a business, or being bitten by a neighbor’s dog.
In Texas, the statute of limitations for a personal injury is two years (Sec. 16.003). This means you have a maximum of two years to file a claim against the at-fault party from either the date when you received your injury or when you discovered your injury, whatever is later. This two-year countdown allows for some exceptions, but the sooner you file, the better your chance of successfully receiving the financial relief you are owed.
If you fail to meet the deadline to file your case with the court, it could mean losing the ability to recover any damages or costs associated with your injuries. Contact a Dallas personal injury attorney to get started on your case. There is no reason to delay, so ask for a free case consultation from Wolf Law, PLLC today.
Why Do Statutes of Limitations Exist?
Statutes of limitations exist to ensure that cases are processed efficiently and effectively. These statutes are considered a defendant’s best safeguard against prejudice and fraudulent claims, as referenced in the Criminal Resource Manual of the U.S. Department of Justice. Prompt filings make sure that cases have the most evidence, the best eyewitness testimony, and that justice is brought as soon as possible.
The more time that passes after a case, the more difficult it can be to provide proof for either the defendant or the prosecution. Witnesses can become less certain of their memories, and evidence can deteriorate as time passes. A time limit on filing for a personal injury case helps to ensure the evidence is fresh and reliable.
Speedy resolutions to personal injury cases also benefit all parties involved by reducing necessary legal fees and ensuring a shorter time in court. The faster the injured party receives their settlement, the better their financial situation will be to continue their recovery. It also removes the potential liability from a defendant after a certain time has passed instead of threatening the potentially at-fault party indefinitely.
Exceptions to the Statute of Limitations in Texas
There are certain exceptions to the two-year limit for Texas personal injuries; some common exceptions attempt to make the statute of limitations fair for those who need more time to file. These exceptions may include:
- Undiscovered injuries – Some injuries take time to discover and may delay the process of filing a claim. In such cases, even if the statute of limitations is passed, the court may rule that it is still fair to file.
- Claiming disability or being a minor – Under Texas Law 16.001, persons under the age of 18 or of an unsound mind can claim a legal disability. This will delay the statute of limitations until the injured party turns 18 years old or becomes mentally competent.
- Wrongful death – Under Texas Law 16.003(b), the family of the injured party can file a wrongful death claim within two years beginning at the date of the death.
- Out-of-state defendant – If the at-fault party leaves the state of Texas, the countdown for the statute of limitations will stop. The case cannot continue without their presence, so the two years will be paused until their return.
- Claims against the state – Under Texas Law 101.101, if an injured person is attempting to file a personal injury claim against the state of Texas, they will only have six months to file.
- Claims against a city or municipality – Some cities and municipalities have specific filing requirements. If you are filing a claim against the city of Houston, for example, you must do it within 90 days of your injury.
If you are still unsure if you have missed the chance to pursue your personal injury claim, reach out to a personal injury lawyer from Wolf Law, PLLC. We can help you determine if your case is viable and discuss your options for pursuing your rightful settlement. No matter what factors enter into your unique case, delaying the start of your claim will not benefit your chances of a settlement.
Comparative Negligence in Personal Injury Cases
If you are delaying filing your personal injury case because you were partially responsible, you may miss your chance at recovering a settlement. Even if you played a part in the incident that caused your injury, you are allowed to file for damages in Texas due to comparative negligence. This legal term applies in some states when the amount of responsibility for an accident is shared between multiple individuals.
Under Texas Civil Practice & Procedure Code 33.001, you can still collect some damages even if you share some of the blame as long as your share is less than 50%. Your damages will be adjusted based on the amount of blame you are assigned. For example, if the court decides you share 20% part of the blame in a car accident due to a faulty headlight, the other driver will be assigned 80% of the blame. Your damages will be adjusted to 20% less under the comparative negligence code.
It is important to work with a personal injury attorney to build your case and prove the other party was at fault. If the defense works to undermine your evidence or you do not have enough in the first place, you could be assigned more of the responsibility than you deserve. If you own 51% of the responsibility for an accident, you will not be eligible to receive any compensation.
Contact Wolf Law, PLLC to Discuss Your Texas Personal Injury Claim
At Wolf Law, PLLC, we work with our clients to get you the most compensation possible and settle your personal injury cases quickly so you can move on with your life. Managing Partner Julie Wolf has worked with hundreds of personal injury clients through settlements and trials. We are aggressive in our tactics while taking an attentive approach to our clients to make sure that you understand everything going on with your case.
Let our experienced Texas personal injury lawyers guide you through the process to get you the settlement you deserve. Contact our office for a free case consultation and get started today!