If you or a loved one has been injured due to the actions of another person, company, or even a government entity, there are deadlines in place for filing a personal injury claim. In general, victims of injuries in Texas must file their claim in court within two years from the date the injury occurred, although some exceptions can extend or shorten this deadline.
As we explain the Texas personal injury statute of limitations in personal injury cases, we encourage you to speak to an attorney as soon as possible if you think you have a valid claim.
Why the Statute of Limitations Matters for Your Injury Claim
The Texas Civil Practice & Remedies Code section 16.003 explains a range of statutes of limitations for Texas, but the section that matters the most for you deals with actual injury claims. The two-year deadline is what we can call the “generic” deadline, which generally applies to most injury claims. The deadlines are there to prevent an endless open window for claims, but as we’ll discuss below, there are exceptions.
It’s important that you try not to get too caught up in the two-year date. Injury victims should do everything they can to start this process well before the deadline approaches. In fact, filing a claim as soon as possible after the incident certainly helps increase your chances of success with the claim.
On that note, don’t worry if you haven’t filed your claim right away. The two-year deadline is there for a reason – so you have time to take action once you have a better picture of your case. An attorney with experience handling personal injury claims in Texas can help you understand the best path for your particular situation.
Are There Exceptions to the Two-Year Deadline?
There are two reasons why an extension to the statute of limitations could occur. The first deals with minors under 18 and the other with those who are mentally incapacitated. Incapacitation may be permanent or temporary, resulting from illness or injury.
- Minors under 18. In the state of Texas, a person under 18 is considered a minor. If a minor sustains an injury caused by another party, the deadline to file a claim is paused (tolled) until the minor reaches The two-year countdown begins on the minor’s 18th birthday, giving the person until 20 to file the claim.
- Mental incapacitation. If an injury victim is mentally incapacitated (the law uses the language “unsound mind”), then this, too, will extend the deadline. For individuals in this circumstance, the deadline gets paused until the individual regains their mental capacity.
Injury Claims Against Government Entities in Texas
Government entities in the US, including Texas, often work under different deadline exceptions when it comes to filing lawsuits. Unfortunately, this means that those harmed by a government employee or entity’s actions have less time to bring a personal injury claim.
If you or a loved one is injured due to the fault of a government entity or employee, you must file a notice of claim within 180 days, per the Texas Tort Claims Act. Additionally, some local government agencies, such as county or city governments, could shorten the notice period even more. Many localities throughout Texas require injured individuals to make a notice within 90 days from when the incident occurred.
These deadlines can create unnecessary confusion for injury victims. As soon as possible after the incident, it is in your best interest to speak to an attorney with experience filing these claims. An attorney can examine the facts of the case and start the claims process before the deadlines approach.
Do Insurance Carriers Use the Same Deadlines?
Generally, regardless of the type of injury, there are insurance carriers involved, and they have their own internal deadlines related to claims. This includes more than just vehicle accidents. For example, if you get injured in a grocery store, slip and fall on a sidewalk, or sustain a dog bite injury, insurance carriers will almost certainly have a role in the claim.
Filing a claim with these insurance carriers should happen as soon as possible. Generally, the carriers need prompt notification of the incident, but we want to offer a word of caution – don’t do anything more than report the injury if you speak to the insurance claims adjuster, even if it’s your own insurance company.
Insurance Companies Aren’t Focused on Your Best Outcome
The overall goal of insurance providers is to limit how much compensation they pay out for claims. That’s it. They aren’t there to help you maximize your benefits, even if you’re entitled to them. The insurance claims adjuster will record your statement, and you could accidentally say something that jeopardizes your claim. If you’re working with an attorney, or if you plan to work with one, let them handle the conversations (verbal or written) with any insurance carrier involved.
Insider Tip: Claims adjusters are trained to get injury victims to say or do things that could harm the claim. For example, what may seem like simple banter back and forth with a “nice” adjuster on the phone could really be a ploy to get you to open up. If you accidentally slip and tell them something about the claim or your injuries, you can be sure they’ll use that information to their advantage if it benefits them.
A Personal Injury Lawyer in Texas Can Help
You should not have to worry about whether or not you’ll receive compensation for a personal injury caused by another party in Texas. Unfortunately, these claims aren’t easy. At Liggett Law Group, we’re an elite personal injury firm with deep experience in the state of Texas. We want to make sure you do not get taken advantage of by the at-fault party or an insurance carrier.
If you have any questions about your particular situation, please reach out to our team for a free consultation. We’re ready to help you get through this and secure the compensation you need to move forward.