Even though most personal injury cases in Dallas are resolved through negotiated settlements, the Texas Statute of Limitations still applies to filing claims. If settlement negotiations halt, you may need to file a personal injury lawsuit.
Therefore, understanding the statute of limitations for your personal injury case is essential. If you miss the filing deadline, you may be unable to pursue a legal claim through the courts. If this happens, you will be unable to pursue compensation for your economic damages, injuries, and non-economic damages.
Understanding the need for prompt legal action after an accident or personal injury is crucial.
What Is a Statute of Limitations in a Texas Personal Injury Case?
A statute of limitations is the deadline for pursuing a legal claim by filing a lawsuit with the court. Statutes of limitations apply in civil and criminal actions. However, the deadlines vary depending on the type of claim or case being tried in court.
All personal injury cases are subject to the Texas statute of limitations, including but not limited to:
- Car accidents
- Wrongful death claims
- Product liability claims
- Medical malpractice
- Nursing home abuse
- Workplace accidents
- Slip and fall accident and other premises liability claims
- Construction accidents
- Trucking accidents
- Dog bites
- Motorcycle crashes
- Pedestrian and bicycle accidents
States set the statute of limitations for cases filed in their courts. Therefore, the filing deadline for a car accident claim might not be the same in Texas as it is in Louisiana. You must determine the statute of limitations for your case based on the state-specific rules.
Why Do We Have a Statute of Limitations for Texas Personal Injury Cases?
It may appear unfair or harsh to limit a victim’s time to file a claim seeking damages from the party who caused their pain, suffering, and financial losses. However, there are reasons why lawmakers created statutes of limitations in personal injury cases.
Reasons that a statute of limitations was created include the following:
- To prevent someone from threatening someone with legal action for an indefinite period
- To encourage parties to file claims as soon as possible before evidence could be lost or destroyed
- To allow defendants to defend claims in a timely manner
- To ensure witnesses are available and have a clear memory of what occurred
- To prevent a party from using an old situation to seek revenge for something new that might not give rise to a legal claim
Statutes of limitations also help prevent the courts from being inundated with old claims so that new claims can proceed. Setting deadlines also helps reduce the number of frivolous lawsuits by requiring parties to present their legal claims now instead of waiting many years to file a lawsuit.
Examples of the Statutes of Limitations for Personal Injury Claims in Texas
The Texas Civil Practice and Remedies Code sets the deadlines for filing personal injury lawsuits in Title 2, Subtitle B, Chapter 16.
Examples of the statutes of limitations in common personal injury cases include:
- Motor vehicle accidents involving cars, motorcycles, trucks, and other vehicles have a two-year statute of limitations beginning with the accident date in most cases
- Pedestrians and bicyclists hit by a motor vehicle have two years from the accident date to file a lawsuit
- Slip and fall accidents and other claims arising from premises liability have a two-year statute of limitations
- Medical malpractice claims generally have a two-year filing deadline in most cases
- Claims for dog bites and animal attacks also have a two-year filing deadline in most cases
- Workers’ compensation claims have a one-year deadline to file for workers’ comp benefits
- Third-party claims related to workplace accidents have the same statute of limitations as the underlying claim (i.e., two years for an injury caused by negligence)
It is important to note that exceptions to the statute of limitations could change the filing deadline for your case. The facts of your case could also change the filing deadline for a lawsuit. It is always best to speak with a Dallas personal injury lawyer as soon as possible to avoid losing your right to sue the person who caused your injuries.
Common Exceptions to the Texas Statute of Limitations for Personal Injury Claims
A common exception to the statute of limitations occurs in cases involving government entities. The Texas Tort Claims Act sets the deadline for filing a lawsuit against the government. You must file a notice of claim within six months of the injury date to preserve your right to file a lawsuit.
Another exception occurs in cases involving minors. If a child is injured, the statute of limitations is typically paused (tolled) until the child reaches 18 years old. However, parents are encouraged to seek legal advice for a child’s injury as soon as possible to protect their child’s best interests.
The Discovery Rule could also extend a statute of limitations if the person could not reasonably discover the injury until after the time expired to file a lawsuit. There are other exceptions in cases when a party flees the state or uses fraud to avoid liability.
Determining the statute of limitations can be difficult. It is best to allow a Dallas personal injury lawyer to determine the filing deadline in your case to avoid problems.
What Happens if I Do Not File a Personal Injury Lawsuit Before the Texas Statute of Limitations Expires?
If you file a personal injury lawsuit after the statute of limitations expires, the party who caused your injury may ask the court to dismiss your lawsuit. The judge dismisses the lawsuit unless there is a legal reason not to.
A judge can dismiss a lawsuit for missing the filing deadline without considering whether you have a valid personal injury claim against the other party. Therefore, you give up your right to pursue a claim in court by missing the filing deadline set by the statute of limitations.
You could file a claim with the at-fault party, but they are under no legal obligation to honor a claim past the statute of limitations. Only the courts can force an at-fault party to assume liability for damages caused by the party’s negligence, intentional torts, or other wrongdoing. Therefore, allowing the time to file a personal injury lawsuit to run out gives the party who caused your injury a free “pass” to avoid compensating you for your injuries and losses.
Talk to Our Dallas Personal Injury Lawyer During a Free Consultation
You could lose your right to file a lawsuit if you wait too long to seek legal advice about a personal injury claim. At Jay Murray Personal Injury Lawyers, our attorneys meet with you free of charge to answer your questions and explain your legal options. If you were injured in an accident or other incident, our Dallas personal injury attorneys are here when you need trusted legal advice about filing an injury claim.
