The statute of limitations is crucial to any legal claim, including personal injury cases in Texas. This deadline sets a specific timeframe for when a lawsuit can be filed after an accident or injury has occurred. In other words, it’s a time limit for taking legal action against the responsible party. While it may seem like a technicality, the statute of limitations is a vital factor in ensuring a fair and timely resolution to a personal injury case. Failing to meet this deadline can have significant consequences on the outcome of a claim. However, there are certain exceptions to note.

At Byrd Davis Alden & Henrichson, LLP, our experienced lawyers can help you navigate the complexities of the statute of limitations and ensure your rights are protected. 

What Is the Statute of Limitations?

In Texas law, the statute of limitations is a legally defined period within which you can initiate a lawsuit. For personal injury claims, this period is precisely two years from the date of the incident that caused the injury. This time frame is not just a guideline – it’s a strict cutoff point that, if missed, can significantly impact one’s ability to seek legal redress and compensation for injuries sustained. 

The statute of limitations serves as a legal boundary, ensuring cases are brought to court while evidence remains fresh and reliable. This rule underscores the importance of acting promptly if you’re considering pursuing a personal injury claim.

Can You Still File a Lawsuit After the Deadline?

Attempting to file a lawsuit beyond the two-year window in Texas typically leads to the court declining to review the claim. This scenario often results in a lost opportunity to secure fair compensation, regardless of the strength of your case. The defendant is expected to request the court to dismiss the case, citing the expired deadline.

Consequently, the court will likely close the case promptly.

However, there are a few special situations where you might be given extra time to file. If you’re not sure about the deadline, it’s a good idea to talk to your personal injury attorney.

Are There Any Exceptions to the Statute of Limitations?

While the statute of limitations in Texas generally enforces a strict two-year deadline for filing personal injury claims, there are notable exceptions that can extend this period under certain circumstances. These include the following:

• Victim Was a Minor: The clock on the statute of limitations doesn’t start ticking for minor victims until they reach the age of 18. This means individuals injured as minors have until they turn 20 to initiate a lawsuit. 
• Fraud: In cases where a defendant has actively concealed the cause of action through deceit, the statute of limitations may be suspended. The countdown resumes once the fraud is discovered or should have reasonably been discovered by the plaintiff. 
• Mental Incapacity of the Plaintiff: For plaintiffs who are considered legally incapable of managing their affairs due to mental health conditions, the statute of limitations can be delayed. It will only start or resume once the plaintiff is deemed capable of understanding and participating in the legal process. 
• Absence From the State: If the defendant has left Texas, thereby making themselves unavailable for legal proceedings, the statute of limitations is put on hold until their return. 
• Governmental Immunity: When the defendant is a government entity or an employee acting within their official capacity, the statute of limitations might be extended. This pause lasts until the government waives its immunity or a specific statute extends the deadline for filing claims against it.

Understanding these exceptions is crucial for anyone considering a personal injury claim in Texas. Each scenario brings its own set of challenges and requirements, so contact a skilled attorney for guidance in pursuing a personal injury claim. 

Contact Byrd Davis Alden & Henrichson, LLP Today to Speak With a Texas Personal Injury Lawyer

Navigating personal injury law in Texas can be daunting, especially when you’re racing against the statute of limitations. If you’re looking for guidance or need representation for your claim, reach out to the team at Byrd Davis Alden & Henrichson, LLP. Our skilled attorneys are ready to provide the support you need. 

You can contact us at (512) 253-3948 or complete a contact form to get started. Don’t navigate this challenging time alone; let us help you fight for the justice and compensation you deserve.