Car Accident Information, Personal Injury Questions Archives

How Soon After I’m Injured Do I Have To File A Lawsuit?

The time frame for filing a lawsuit after an injury:

If you were injured through the fault of somebody else in any kind of an accident in Texas, you’ll want to pay particular attention to the applicable statute of limitations. A statute of limitations in a personal injury case operates as a deadline for filing your lawsuit. In accordance with the provisions of section 13.001 of the Texas Civil Practice and Remedies Code that’s two years from the date of the accident. The general rule is that if a claimant fails to file his or her personal injury lawsuit within two years of the date of their accident, they will be forever barred from proceeding further. A statute of limitations can be harsh. As soon as possible after being injured, you’ll want to talk to an Austin injury lawyer about protecting the statute of limitations that applies in your case.

The discovery rule

The discovery rule operates as an exception to the general two-year rule. Sometimes a person might not reasonably discover an injury for some time after a negligent act or failure to act. If the cause of an injury is inherently undiscoverable and objectively verifiable, the statute of limitations might be extended. Once a claimant knows or should have known of an injury, the limitations clock starts running.

Minors

The statute of limitations for personal injury to a minor extends for two years after his or her 18th birthday. This rule applies regardless of the age of the child was when the cause of action arose.

Other limitations statutes have been enacted for different causes of action. Some have exceptions and others have none. If you’ve been injured by the carelessness and negligence of somebody else, talk to Terry & Kelly PLLC about what statute of limitations applies in your case. If he or she is retained, all measures will be taken to protect it on your behalf.