Legal Deadlines To File A Case In Texas
Statue of Limitations
The general personal injury statue of limitations in Texas is two years from the date of the accident. Within that time you must file a lawsuit and thereafter use diligence in your attempts to serve the defendant to preserve your ability to move forward with your lawsuit.
There are certainly exceptions that can extend and/or shorten a limitations period. One example is if a personal injury victim is a minor, the minor’s limitations may be tolled until they are 18 years old in order to give the child a chance to move forward in their case.
Alternatively, if you are in an accident that was caused by a governmental entity in Texas there may be certain notice provisions that you must comply with in order to perfect your right to sue the governmental entity or employee. Some municipalities have very short notice provisions from a few months to six months and it is very important that you comply with the formal notice provisions that may apply to such entity.
There are other legal deadlines that can impact a personal injury claim in Texas such as a statute of repose for products that are over 15 years old at the time of the accident. This specific limitation is one that does not serve well the citizens of the state of Texas because it can give you immunity after certain period of time to foreign manufacturers such as those from China, Korea or Japan. We hope that the new leaders in Austin will repeal this draconian law that hurts Texas families and helps foreign companies.
If you have any issues or questions regarding a potential limitation or the timing of a personal injury claim contact your attorney as soon as possible after the accident.
It is much better to speak with your attorney shortly after the accident then later on and find out that an important date or deadline had been missed.