What is the statute of limitations for filing a personal injury claim in Texas?

Introduction

When it comes to filing a personal injury claim, understanding the statute of limitations is crucial. The statute of limitations sets a time limit within which a lawsuit must be filed after an incident causing personal injury. In Texas, like in other states, there are specific deadlines that individuals must adhere to when seeking compensation for their injuries. In this article, we will explore the statute of limitations for filing a personal injury claim in Texas, its importance, exceptions, and the implications of missing the deadline.

I. Understanding the Statute of Limitations

A. Definition and Purpose:

• The statute of limitations refers to the time period during which a lawsuit must be filed after an injury or accident occurs.
• Its purpose is to ensure timely resolution of legal claims and protect defendants from unfair or stale claims.

B. Varying Time Limits:

• Each state has its own statutes of limitations, which may vary depending on the type of case, such as personal injury, medical malpractice, or product liability.

II. The Statute of Limitations for Personal Injury Claims in Texas

A. General Statute of Limitations:

• In Texas, the general statute of limitations for personal injury claims is two years from the date of the accident or injury.

B. Discovery Rule:

• The discovery rule may apply in cases where the injury or its cause was not immediately apparent.
• Under the discovery rule, the two-year statute of limitations begins when the injured person discovers or reasonably should have discovered the injury and its relationship to the defendant’s actions.

C. Minors and Incapacitated Individuals:

• Minors (individuals under the age of 18) have two years from the date of their 18th birthday to file a personal injury claim.
• If the injured person is mentally incapacitated, the statute of limitations may be tolled until they regain capacity.