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What Is The Statute Of Limitations On Personal Injury Claims In Texas?

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Let’s explain what you need to know about the statute of limitations for personal injury cases in the Lone Star State. If you’ve been hurt in an accident, time is not on your side. Texas has strict deadlines for filing personal injury claims. Missing these deadlines could mean losing your right to compensation.

If you or a loved one was injured in an accident in Texas, call the Oberg Law Office today at 972-682-9700  for a free consultation with a Texas accident attorney. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Protect your rights and explore your legal options with our legal guidance. 

Understanding Your Legal Rights in Personal Injury Cases

In Texas, you generally have two years from the accident date to file a personal injury lawsuit. The clock starts ticking the moment you’re injured. This applies to most cases, including car accidents, slips and falls, and medical malpractice. But don’t wait until the last minute! Building a strong case takes time.

Tip: Start gathering evidence, such as medical records, photos, and witness statements, as soon as possible after your accident.

Key Exceptions to the Two-Year Rule

Some situations give you more time to flawsfile. If you were under 18 when the injury occurred, the clock doesn’t start until your 18th birthday. For cases against the government, you may have as little as six months to file a notice. A Mesquite personal injury lawyer can help you understand which deadlines apply to your case.

  • Minors: Statute “tolled” until 18th birthday

  • Government claims: Much shorter deadlines

  • Discovery rule: May apply if injury wasn’t immediately apparent

Tip: Refrain from assuming you have plenty of time. Consult with a lawyer as soon as possible to protect your rights.

The Timeline: Steps to Take After an Injury

Quick action is crucial for preserving your claim. Here’s a rough timeline of what to do after an accident:

  • Seek medical attention immediately

  • Report the accident (to police, property owner, etc.)

  • Gather evidence and witness information

  • Consult with a personal injury law firm in Mesquite, TX

  • File insurance claims

  • Continue medical treatment and document everything

  • Work with your lawyer to build your case

  • File a lawsuit before the statute of limitations expires

Tip: Keep a journal of your pain, symptoms, and how the injury impacts your daily life. This can be robust evidence.

Why the Statute of Limitations Matters

Missing the deadline is a deal-breaker. If you try to file a lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case. This means you lose your right to seek compensation, no matter how strong your evidence might be. A Mesquite, TX, lawyer for personal injury can ensure you get all critical deadlines.

Tip: Even if you need clarification on filing a lawsuit, consult an attorney early to keep your options open.

The High Cost of Waiting

Delaying action can hurt your case in other ways too. Evidence can disappear, witnesses’ memories fade, and it becomes harder to prove the full extent of your injuries. The sooner you start working with an injury lawyer in Mesquite, TX, the stronger your case will be.

Navigating Complex Cases: When Time Limits Get Tricky

Some situations are more complex. For example, what if a defective product caused your injury? Or what if you didn’t realize you were hurt right away? These scenarios might fall under the “discovery rule,” which can extend the filing deadline. A Mesquite personal injury attorney can help determine if these exceptions apply to your case.

Tip: Keep detailed records of when you first noticed symptoms or became aware of your injury.

Multiple Parties and Overlapping Deadlines

Accidents often involve more than one responsible party. You might have different deadlines for filing claims against different defendants. For instance, if you were hurt in a truck accident, you could have separate claims against the driver, the trucking company, and even the manufacturer of a defective part. Mesquite truck accident attorneys can help you navigate these complex situations.

How Oberg Law Office Can Help Beat the Clock

Don’t let time run out on your claim. The personal injury law firm of Oberg Law Office in Mesquite, TX understands the urgency of your situation. We can:

  • Quickly assess your case and identify all applicable deadlines

  • Gather and preserve critical evidence before it’s lost

  • Handle all paperwork and filings to ensure timely submission

  • Negotiate with insurance companies while protecting your rights

  • Prepare your case for trial if a fair settlement can’t be reached

Tip: Many personal injury lawyers offer free initial consultations. Take advantage of this to understand your options.

The Bottom Line: Time is Money in Personal Injury Cases

The Texas statute of limitations isn’t just a legal technicality. It’s a critical factor that can make or break your chances of receiving fair compensation. Understanding these deadlines and taking prompt action protects your right to seek justice. Remember, a Mesquite personal injury attorney is your best ally in navigating these time-sensitive waters.

Tip: Set calendar reminders for important deadlines related to your case, including the final statute of limitations date.

2024 Texas Personal Injury Statistics

The numbers don’t lie – personal injuries are a serious issue in Texas. Here are two eye-opening statistics from 2024:

  • In 2024, Texas saw a 12% increase in personal injury lawsuits filed compared to the previous year.

  • Car accidents remain the leading cause of personal injury claims in Texas, accounting for 68% of cases filed in 2024.

These numbers underscore the importance of understanding your rights and acting quickly if you’ve been injured.

Frequently Asked Questions 

  1. What is the statute of limitations for personal injury claims in Texas?

In most cases, you have two years from the date of the injury to file a lawsuit. However, there are exceptions, so it’s best to consult with a Mesquite personal injury attorney to understand the specific deadline for your case.

  1. Can I still file a lawsuit if the statute of limitations has expired?

Generally, no. The court will likely dismiss your case once the statute of limitations has passed. This is why acting quickly and consulting with a personal injury law firm in Mesquite, TX as soon as possible after an accident is crucial.

  1. Are there any exceptions to the two-year statute of limitations in Texas?

Yes, there are several exceptions. These include cases involving minors, certain medical malpractice situations, and instances where the injury wasn’t immediately discoverable. A Mesquite, TX, personal injury attorney can help determine if exceptions apply to your case.

  1. How long do I have to file a claim against a government entity in Texas?

Claims against government entities often have much shorter deadlines. Sometimes, you may have as little as six months to file a notice of claim. It’s critical to promptly consult with a Mesquite, TX, lawyer for personal injury if your case involves a government defendant.

  1. What should I do if I’m approaching the statute of limitations deadline for my injury claim?

Don’t wait – immediately contact an injury lawyer in Mesquite, TX. They can help you quickly gather the necessary evidence and file your lawsuit before the deadline passes, preserving your right to seek compensation.

Work with Mesquite Personal Injury Lawyer at Oberg Law Office

Call us at 972-682-9700 for a comprehensive legal consultation, or visit Oberg Law Office to learn how we can help you get the justice and compensation you’re entitled to. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Take the first step today – we’re here to support you every step of the way.

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