If you are involved in an accident that is not your fault – a car wreck, slip-and-fall or a dog attack – it is important that you explore the possibility of filing a personal injury lawsuit. You want to hold the liable party accountable as fast as possible so you move on with your life.
However, there are a number of considerations you need to keep in mind when filing a personal injury lawsuit in Texas – particularly the legal timeframe (statute of limitations) within which you need to act.
What is the statute of limitations for a personal injury lawsuit?
Basically, the statute of limitations sets a timeframe within which a plaintiff can file a case against a defendant. In Texas, the statute of limitations for most personal injury lawsuits is two years. The clock begins to tick on the statute of limitations on the date of the accident and ends on the second anniversary of the incident.
Are there any exceptions?
Certain exceptions apply to the statute of limitations period. For instance, the statute of limitations reduces to six months when suing a government employee or agency.
There are other instances when the statute of limitations can be temporarily halted or “tolled.” These include:
- Where the accident victim is a minor
- If the defendant is out of state before you can initiate the legal action
- If the plaintiff has a physical or mental impairment that makes it impossible for them to file the lawsuit.
A personal injury claim allows you to recover damages due to someone else’s reckless actions. Find out how you can protect your rights and interests.