Every personal injury claim is subject to strict time limits, known as statute of limitations. While you may be in serious pain and having difficulty gathering your thoughts, it’s important to know how long you have to file an injury lawsuit before it’s too late.
In Texas, the statute of limitations on filing a personal injury claim is 2 years.
For example, if you are injured in a car accident, you have 2 years from the date of the accident to file a personal injury suit. If you don’t, you lose your right to file a suit or bring a claim against the defendant. You also have 2 years to file a wrongful death, product liability and medical malpractice claim.
One of the main reasons we have statutes of limitations, which have been around for hundreds of years, is because they guarantee that important evidence will not be lost over time and that witnesses who testify in court are able to more easily remember the accident.
However, there are exceptions to these time limits.
For example, there is the “discovery rule,” which applies in cases such as medical malpractice, because it is not always possible for an injured party to discover an injury until well after the accident. The discovery rule permits a personal injury suit to be filed within two years after the personal injury is discovered or should have been discovered. Another exception is if a child is a minor when they are injured, the statute of limitations does not begin to run until they turn 18 years old.
If you have been injured as the result of someone else’s negligence, contact our Austin personal injury attorney at The Stewart Law Firm, PLLC. We’re available 24/7, so please don’t hesitate to give us a call at (512) 271-5112