A victim injured in any kind of accident in Texas, needs to have a know that it is important to understand the timeline for filing a personal injury claim to protecting his right to compensation. Texas law imposes a statute of limitations on personal injury claims, which sets a deadline for how long you have to take legal action after an accident. Missing this deadline automatically mean losing the opportunity to recover damages for his injuries, medical expenses, lost wages, and more.
The Statute of Limitations for Personal Injury Claims in Dallas, Texas
The statute of limitations for personal injury claims in Texas is two years from the date of the injury. However, there are some exceptions:
- For claims involving government entities, notice must be given within 6 months
- For minors or disabled individuals, the timeline may be extended
- For delayed discovery (e.g., defective medical products), the clock may start later
- Waiting too long can permanently bar you from recovering compensation. That’s why it’s important to speak with a lawyer early in the process.
Duration of a Personal Injury Case
Different cases with different scenarios. Some cases are settled in a matter of months, while others can take over a year, especially if the case goes to trial.
Factors that affect the timeline:
- Severity of your injuries
- Length of medical treatment
- Disputes over liability
- Willingness of the insurance company to settle
- Whether a lawsuit is filed
- While it can be frustrating to wait, rushing to accept a low settlement could leave you without the resources you need to fully recover.
What Happens if you Miss the Statute of Limitations Deadline
If you miss the statute of limitations deadline and no exception applies, your personal injury claim will die. If you try to sue on it, the opposing party will motion the court to dismiss your claim for failure to meet the statute of limitations deadline.
The court will certainly uphold the motion, and it will throw your claim out of court. At that point, you won’t even be able to negotiate a settlement. Without the ability to enforce your claim in court, your bargaining power will be zero.
Damages Can You Recover in a Personal Injury Claim
If you file your personal injury claim within the statute of limitations and successfully prove the other party’s liability, you may be entitled to compensation for a wide range of legal damages, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
Final Thoughts
While the two-year statute of limitations applies to medical malpractice cases, Texas has a statute of repose that bars victims from bringing a legal claim more than 10 years after the incident date. Likewise, defective product claims cannot be filed after 15 years from the sell date of the product even if the injury just happened.
Contact Us
At the Law Office of John Nwosu, our experinced personal injury attorneys know what time limits affect your case and how to file your lawsuit before the deadline. Our lawyers are ready to help you no matter where you’re located throughout the state.
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