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How Long Do I Have to File a Injury Claim in Texas?

In Texas, the general rule is that you have two years from the date of the accident or incident that caused your injury to file a claim. However, there are exceptions to this rule, such as when injuries are discovered later. In such cases, the two-year period may begin from the date of discovery. It’s important to act quickly to protect your rights and ensure the best possible outcome for your case.

At Abraham Watkins, we specialize in helping individuals understand the legal time limits imposed by the statute of limitations. With over 75 years of experience serving Texas residents, we are well-equipped to guide you through the process and ensure your case is handled efficiently.

Call us today at 713-222-7211 to discuss your situation.

What is the Statute of Limitations in Texas?

Under Sec. 16.003 of the Texas Civil Practice and Remedies Code, most claims related to injuries, damages, or wrongful death must be filed within two years from the date the cause of action accrues. This means that if you were injured in an accident, you typically have two years from the date of the incident to take legal action.

For wrongful death cases, the two-year period begins on the date of the deceased’s death, not the date of the accident. For example, if a loved one passed away months after an accident, the clock starts on the date of their death.

Why Do Statutes of Limitations Exist?

Statutes of limitations are designed to ensure fairness in the legal system. Over time, evidence can be lost, memories can fade, and witnesses may become unavailable. These limitations protect defendants from being sued long after an incident when it may be difficult to mount a proper defense. They also encourage plaintiffs to pursue their claims promptly while evidence is fresh and accessible.

Exceptions to the Two-Year Rule

While the two-year statute of limitations applies to most cases, there are exceptions that may extend or alter the timeline. Below are some key exceptions:

  1. Product Liability Cases: If your injury was caused by a defective product, you may have up to 15 years from the date the product was sold to file a claim. This extended period recognizes that some product-related injuries may not become apparent immediately.

  2. Wrongful Death Cases: As mentioned earlier, the two-year period begins on the date of the victim’s death, not the date of the accident. This allows families time to grieve and make necessary arrangements before pursuing legal action.

  3. Sexual Assault Cases: Victims of sexual assault, particularly minors, are granted extended timeframes. For minors, the statute of limitations is 15 years from the date of the incident. For other sexual assault cases, the limit is extended to 5 years.

  4. Construction Defects: If an injury was caused by a defect created by a surveyor or architect, the statute of limitations may be extended. This exception acknowledges the complexity of such cases and the time needed to identify the cause of the defect.

If you believe your case falls under one of these exceptions, it’s crucial to consult with a legal professional to confirm your eligibility and ensure your claim is filed within the appropriate timeframe.

When Does the Clock Start?

In most cases, the statute of limitations begins on the date of the accident or injury. However, there are situations where the clock may start later. For example:

  • Delayed Discovery: If you were unaware of your injury at the time of the accident, the two-year period may begin when you discover the injury.

  • Wrongful Death: The clock starts on the date of the victim’s death, not the date of the accident.

What Happens If You Miss the Deadline?

If you fail to file your claim within the statute of limitations, your case may be dismissed, and you could lose your right to seek compensation. Missing the deadline can be devastating, especially if you’ve suffered significant losses. To avoid this, it’s essential to act quickly and consult with a legal professional as soon as possible after an injury.

Why Legal Representation Matters

When pursuing a claim, you may face a well-prepared legal team representing the at-fault party’s insurance company. These teams are skilled at minimizing payouts and may even attempt to deny your claim entirely. While you have the right to represent yourself, doing so can be challenging without the necessary legal expertise.

Hiring an experienced attorney ensures you have a strong advocate on your side. They can help you navigate the legal process, gather evidence, and negotiate with the opposing party to secure fair compensation.

What Damages Can You Recover?

In a successful claim, you may be entitled to compensation for various damages, including:

  1. Lost Wages: If your injury caused you to miss work, you can recover lost income. This includes future earnings if your ability to work has been permanently affected.

  2. Medical Expenses: All past and future medical costs related to your injury can be included in your claim. This ensures you’re not left paying for treatment caused by someone else’s negligence.

  3. Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, may also be recoverable. These damages are subjective and require careful evaluation by your attorney.

Contact Abraham Watkins Today

At Abraham Watkins, we have been fighting for the rights of injury victims in Texas for over 75 years. Our experienced team of personal injury attorneys is dedicated to providing quality legal representation and ensuring you receive the compensation you deserve. We operate on a no-win, no-fee basis and offer free consultations to make our services accessible to everyone.

If you’ve been injured, don’t wait. Call us today at 713-222-7211 to schedule your free consultation and let us fight for your rights.

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