Dealing with the aftermath of an accident or injury is hard enough. The last thing you want is to spend months in a courtroom reliving the experience.
The good news is that most Texas personal injury cases settle without ever going to trial. But protecting your right to fair compensation still requires action – and the process needs to start sooner than most people think.
Even if it seems like the insurance companies are on your side, you still need to be ready to file a lawsuit. Filing protects your rights and keeps your options open. If a settlement cannot be reached, going to court may be your best path to fair compensation. Here is what you need to know about the rules and timelines that govern your case.
You Have Two Years to File Your Personal Injury Case in Texas
Texas law gives most injury victims two years to file a personal injury lawsuit. This deadline starts on the day of your accident. It is called the statute of limitations.
You must file your lawsuit before this window closes. If you wait too long, the judge can dismiss your case entirely. The other party can use this rule to shut down your claim, no matter how strong it is or how serious your injuries are. While there are some exceptions – for example, if a minor was involved in the accident claim – they aren’t common.
Two years may sound like plenty of time. But time can move faster than most people expect. That is why it is important to understand this deadline and plan ahead.
Why Does My Personal Injury Case Have a Time Limit?
The two-year rule exists to push cases forward while the evidence is still fresh and accessible. It protects everyone involved – including you. Starting your case early gives your attorney the best chance to build a strong claim on your behalf.
Over time, evidence can disappear. For example, security camera footage may get deleted. Physical evidence can become lost or damaged. Documents can become harder to track down after a certain window passes by.
Witnesses can also become unreliable as memories fade and details become fuzzy over time. The longer you wait to interview a witness, the harder it can be to get a clear and accurate picture of what happened.
Can the Time Limit for My Personal Injury Case Be Extended?
In some situations, the two-year clock on a statute of limitations can pause. Courts call this “tolling.” However, it only applies in limited circumstances, such as dealing with minors or incidences of fraud. These exceptions are rare. The safest approach is always to act as soon as possible after your accident.
Here’s a look at different types of exceptions:
Injured Minors
If the injured person is under 18 years old, the two-year clock typically does not start until the minor reaches adulthood.
Fraud or Concealment
If the person responsible for your injuries deliberately concealed evidence, the court may give you more time to file. The law does not protect people who hide the truth to avoid being held accountable.
Delayed Symptoms
Some injuries take time to appear. If you consume a product that causes cancer years later, there’s no way you could have known about the injury within two years of being exposed. In cases like these, the clock may not start until you discovered – or reasonably should have discovered – the injury.
When Should I Start Working on My Personal Injury Case?
Begin working on your personal injury case as soon as possible after your accident. If you are unable to reach out to a lawyer yourself (for example, due to medical reasons) ask a family member to make that call on your behalf. Starting early gives your legal team time to gather evidence, talk to witnesses, and document your losses.
Starting on your case early also improves your chances of settling without going to court. Most personal injury cases are resolved through negotiation. A well-prepared case gives your attorney more leverage at the negotiating table. The goal is always to reach a fair settlement – but to be fully ready for trial if it comes to that.
The longer you wait to start building a case, the harder it can be to acquire reliable evidence and witness accounts. The sooner your attorney can get to work, the better your chances of building a strong case.
Do I Need a Lawyer for My Personal Injury Case?
If your injuries are anything more than minor, you likely need a lawyer for your personal injury case. Without a lawyer, you can end up navigating a complex legal system on your own – while recovering from an injury and dealing with the stress that comes with it.
Personal injury law is complicated. It is built from a mix of court decisions and written statutes that change over time. Understanding how those rules apply to your specific situation takes years of experience.
That’s where a lawyer comes into play. Since insurance companies have experienced legal teams working for them, your attorney knows what tactics they may use to reduce payouts. A good attorney knows how to build a case, meet deadlines, and fight for full compensation on your behalf.
An attorney will also make sure your lawsuit is filed on time if a settlement cannot be reached. This protects your right to go to trial and keeps all your options on the table.
Contact Grossman Law Offices About Your Personal Injury Case
Have questions about your personal injury case? Grossman Law Offices is here to help.
Our team has spent more than 30 years fighting for people who have been injured due to negligence. We know Texas personal injury law inside and out – and we know how to put it to work for you.
As your counsel, we will explain your rights in plain language and guide you through every step of the process. And we will fight for the full and fair compensation you deserve – whether that means negotiating a settlement or taking your case to court.
Contact Grossman Law Offices today to discuss your case and protect your rights.
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