If you have the right to file a personal injury claim, you should act quickly to initiate the paperwork and begin the legal process. Texas law does not give claimants an unlimited amount of time to file Laredo personal injury cases.
You generally have two years maximum from the date of an accident to file a lawsuit under Texas’s statute of limitations. If you miss your deadline, you could lose your right to file forever.
What Is a Statute of Limitations?
Every state in the country has personal injury statutes of limitations, which are laws that limit the amount of time an individual has to bring a cause of action in the civil courts. The purpose of a statute of limitations is to encourage timely claims filing. This is important for multiple reasons, including to protect a defendant or accused party from having the threat of a potential lawsuit permanently hanging over his or her head.
With only a few exceptions, if an individual waits too long and attempts to file a Laredo accident claim after the statute of limitations has expired in Texas, the claim will not be permitted to move forward. The defendant will most likely submit a request to dismiss the case based on the missed deadline to file. This can lead to the courts “time-barring” the case, or not allowing it to proceed. It is critical to know and understand your statute of limitations to prevent this issue.
Most Personal Injury Cases in Texas Must Be Filed Within Two Years
Two years is the filing deadline placed on the majority of personal injury cases in the State of Texas. Texas’s personal injury statute of limitations is found in Civil Practice and Remedies Code § 16.003. This law states:
Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (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.
Although two years may seem like a long time to file a personal injury claim, the deadline can approach quickly, especially if you are dealing with serious injuries and a long recovery journey. Act sooner rather than later to avoid missing your filing window.
Exceptions to the Two-Year Rule
Texas’s statute of limitations comes with some exceptions. Certain situations may extend the amount of time you have to file. Conversely, some claims have a deadline of less than two years.
Exceptions include:
- Delayed discovery: the clock on the statute of limitations can be tolled, or paused, until the date that a victim discovers or reasonably should have discovered his or her injury.
- Injured child: in the case of an injured minor under the age of 18, he or she will have two years from his or her 18th birthday (age 20) to file a claim.
- Wrongful death: Texas’s statute of limitations gives claimants two years from the date of a deceased person’s death to file a Laredo wrongful death claim (rather than the date of the accident).
- Missing defendant: if the defendant leaves the State of Texas or cannot be found, the statute may be tolled while the defendant cannot be served.
- Claim against the government: cases against government entities in Texas can have much shorter deadlines. These time limits vary based on the jurisdiction and can be as little as 45 days.
Consult with a Laredo truck accident lawyer near you as soon as possible to learn your deadline and take actionable steps to file on time.