Every state has a window of time in which an accident victim may file suit against the party or parties who injured them. This time frame, called the statute of limitations, ranges anywhere from one year to six years depending on the state where the accident occurred. With that in mind, some may wonder: How long does a Texas truck accident victim have to file suit?
Answer: Texas truck accident victims have two years from the date they were injured to file a personal injury lawsuit. The families of victims who are fatally injured have two years from the date of their loved one's death to file a wrongful death lawsuit.
The Rule
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
Tex. Civ. Prac. & Rem. Code § 16.003
Two years may sound like a lot of time, but that deadline approaches much faster than people sometimes realize. Many people who put the matter off for one reason or another have been surprised and frustrated to learn the statute of limitations expired and they were barred from filing a claim.
Don't Wait to Take Action
Waiting too long to file a personal injury lawsuit can have significant consequences and may ultimately jeopardize your legal rights. Time is of the essence and swift action is often needed to find and preserve evidence, interview witnesses, assemble experts, and begin building an effective case. Furthermore, waiting too long can also grant the defense an advantage, allowing them to build a stronger defense and potentially escape liability (which almost any company will try its hardest to do).
All that may seem pretty intimidating to victims or families as they grapple with the hardships of getting their lives back on track. It's a lot to take on, which is why it's strongly recommended to consult with an attorney as soon as possible after an accident. The Texas truck accident lawyers at Grossman Law Offices are seasoned professionals with decades of experience helping commercial accident victims.
If you were hurt or lost a loved one in an 18-wheeler or other commercial truck accident, our attorneys may be able to help you get the assistance you need and deserve. Call Grossman Law today for a free and confidential consultation.
