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What is the Statute of Limitations for Personal Injury Claims in Texas?

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If you are the victim of a personal injury in the state of Texas, there are many important facets to your claim for damages. One of those is known as the statute of limitations which governs the amount of time you have in which to file a Texas personal injury claim. This window of time is extremely important because if you go over this amount of time you will not be able to recover damages from the at-fault party for your injuries, lost wages, and pain and suffering. Since there are so many issues to take care of following a Texas personal injury, having an experienced Hurst personal injury attorney by your side is extremely important and can help guide you on the Texas statute of limitations for personal injury claims. 

When you choose Noteboom—The Law Firm, you are selecting a personal injury team that routinely handles major injury cases. Having a board-certified attorney is beneficial to your claim, plus our firm employs a full-time investigator to make sure we have all the evidence related to your case. You definitely want—and need—a firm like Noteboom that is large enough to be able to advance all the costs related to the claim and can devote multiple attorneys to your case. Our firm has such an excellent reputation throughout the state of Texas that we tell all potential clients, “If you can find a better law firm, hire them.” We do not have to advertise on television to bring in clients because our satisfied clients tell others about our firm, who then call us for their personal injury needs. 

What Are My Rights After A Personal Injury In Texas?

What is the Statute of Limitations for Personal Injury Claims in Texas?

The Texas statute of limitations for most personal injury claims is two years from the date of the injury, read here for more information. This means you typically have two years from the date of your personal injury in which to file a claim for damages. The goal of statutes of limitations is to ensure lawsuits are filed in a timely manner while allowing victims and their attorneys the time to document injuries and fully assess future care needs. Since crucial evidence can be destroyed, lost, or tampered with and memories can fade, the evidence must be collected in a timely manner in order to ensure the integrity of the evidence. Finally, the statutes of limitations ensure that potential defendants are not forced to have the threat of a lawsuit hanging over their heads indefinitely.  

What is Included in the Personal Injury Statutes of Limitations?

While the statutes of limitations do have rare exceptions to the rule (outlined below), if you file your personal injury lawsuit after the statute has passed, the person or entity you are suing will almost certainly file a motion to dismiss. The court will dismiss your claim, and you will be forever barred from collecting a financial settlement for your damages. In other words, if the statute has passed, you’ve lost your right to ask the court to even hear your claim. 

Are There Exceptions to the Statutes of Limitations Deadline?

There are limited exceptions to the Texas statutes of limitations. These exceptions can delay the running of the statute or pause the clock once it has started to run. Below are some examples of these exceptions:

  • If the person injured by another is either under the age of 18 or is deemed to be of unsound mind at the time of the accident, then the statutes will not begin to run until the injured person turns 18 or is judged to be mentally competent. 
  • If the defendant—the person who caused the accident—leaves the state of Texas before the lawsuit can be filed, then the period of absence will not be counted as part of the two-year statute. For instance, if a negligent driver caused your auto accident, then left the state of Texas, even if he or she did not return for 20 years, then you would have two years from the date of his or her return to file your personal injury claim. 
  • If your injuries did not manifest for months after the accident, then the statute of limitations might get extended. The statutes begin when you knew—or should have known—you suffered an injury and that the other party was at-fault for that injury. 

How an Experienced Attorney from Noteboom—The Law Firm Can Help You with the Texas Statute of Limitations for Personal Injury Claim

If an accident resulted in catastrophic injuries, the need to quickly retain an attorney following the injury is even more important. Your attorney needs every single minute allowed by the statutes to fully investigate your claim prior to beginning litigation. When you have a knowledgeable attorney from Noteboom—The Law Firm by your side, you can rest assured that the statute of limitations for your claim will never go by without a claim for damages being filed on your behalf. Our experienced legal team is in each and every case—including yours—for the long haul. We devote the necessary time to handling every claim and we have regular office meetings to discuss your case. Contact us today!

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