While the pain from a serious motorcycle or vehicle accident injury may never cease, your ability to receive compensation can quickly become nonexistent. In the state of Texas, there are several different laws affecting your ability to pursue a personal injury claim. The following information provides a review of some of the important personal injury claim laws.
Statute of Limitations: Personal Injury
Every state has its own statutory limits on the amount of time you are allowed to file a lawsuit after you’ve been injured. While the deadlines will vary based on the type of case you intend on filing, this type of law is generally known as statute of limitations.
According to Tex. Civ. Prac. & Rem. Code, Title 2 section 16.003., you have two years from the date you’re injured to file a lawsuit in the Texas civil system. It’s vital you understand and strictly adhere to this rule. Failure to do so within two years will most likely result in the Texas civil court system refusing to hear your case. As a result, you waive all your rights to receive compensation for your injuries.
Say you’re in a motorcycle or car accident and you sustain injuries. Since you weren’t at fault in the accident and your hospital bills are continually increasing, you choose to file a claim against the driver at fault. Keep in mind, you have two years from the date of your car accident to get the lawsuit started. In other words, you have 2 years to file the first complaint with the proper respective branch of the civil court system in Texas.
Other Civil Statutes of Limitations
In addition to the two year window for filing personal injury lawsuits, there are several other statutory limitations in Texas. While potential exceptions to every rule exist, the following list is an example of other civil statute of limitations:
- Libel/Defamation/Slander – 1 year
- Professional Malpractice – Any professional negligence cases, which includes medical malpractice suits, must be filed within 2 years of the incident.
- Personal Property Damage – 2 years
- Product Liability – 2 years
- Contracts – 4 years
The Rule of Discovery
In some cases, it’s practically impossible for someone to know the origin of an injury, or to even know an injury exists, until a considerable amount of time after the injury-causing act. For instance, a mistake in a will may not be recognized until it’s executed, which could be decades after it was drafted. The discovery rule allows a suit to be filed in a certain amount of time following the discovery of the injury.
Consult with the Professionals
When it comes to your personal injury lawsuit, time is of the essence. While you may feel you don’t have a case, it’s better to be sure and avoid future regrets. The best option is to ask Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo Texas and let the professionals guide you on the right path.