The Statute of Limitations (Time Limit) For Bringing a Personal Injury Lawsuit in Texas
If you have been injured due to the negligence of another person, you may have a valid claim against them for your losses (damages), but the amount of time you have to file a claim or lawsuit is incredibly limited. If you do not file a claim against the responsible party within the allotted time, the court will bar you from ever filing a lawsuit related to this incident. This means that the negligent person who hurt you goes completely unpunished and you will be forced to suffer without any assistance.
Why Does the Statute of Limitations Exist?
The statute of limitations creates a specific amount of time in which you are legally capable of filing a claim. But why do we even have a time limit? One reason why the courts have imposed a time limit for filing a claim is based on efficiency. The courts understand that lawsuits can frequently disrupt the lives of everyone involved. If you are injured, the court expects you to bring your claim within a reasonable amount of time.
While this can be beneficial to the defendant, it is also helpful to you, as the plaintiff. If your loved one has been negligently killed, you probably do not want to be involved in a wrongful death lawsuit ten years from now. It is in your best interest to reach a conclusion in the case and move on with your life.
But, most importantly, having a limited amount of time to file also helps to ensure the effectiveness of the evidence. If you wait too long to file a lawsuit the evidence may be lost, destroyed, or altered in some way. By forcing you to bring your claim within a reasonable amount of time, the court is attempting to preserve evidence and allow for an easier discovery process.
For example, your claim may require testimony of other people who witnessed the incident. If you file within a year of the accident, it should not be too hard to find the witness and have them testify. But if you waited 10 years to file a claim, that witness may have moved, or may have even passed away and will be unable to testify. If your case is relying on the witness’ testimony, then it will likely be unsuccessful if the witness is not available to testify.
What is the Personal Injury Statute of Limitations in Texas?
If you have been injured by the negligence of another person, you generally have two years to file a personal injury claim for damages in the State of Texas. This period begins to run the day that you were injured (or the day in which you knew you were injured). This 2 year time limit is an incredibly short period of time considering everything you and your family may be experiencing. For example, if you were injured in a car accident on Highway 75, you may have suffered severe injuries which required an extended stay in the hospital. This means that you may have spent months at a Dallas-area hospital (be it Parkland or somewhere else) recovering from your injuries. It is not uncommon that during this time, neither you or your family even realize that you have a personal injury claim against the person who caused the car accident.
If you have been injured in Dallas due to the negligence of another person, you may have a valid personal injury claim. It is crucial that you act immediately in order to make sure that you are not barred from filing your claim and seeking justice. Our Texas attorneys at Grossman Law Offices have been helping victims, like you, since 1990 and we are very detailed in making sure that we meet every deadline and time limitation associated with your claim.
Not only are you limited in the amount of time you can file a claim, but you are also restricted in the length of time you have to file certain motions and requests for discovery. The time restraints associated with a Texas personal injury lawsuit can be catastrophic to the success of your claim if you do not have an attorney who understands these important details. To schedule a meeting with our Dallas attorneys and learn more about time restraints which will affect your claim, contact Grossman Law Offices at 1-855-326-0000.