What To Know About Texas Personal Injury Statute Of Limitations
If an individual sustains an injury caused by the negligence of another party in the state of Texas, then they will likely have the right to file a claim to recover compensation. This could include filing an insurance claim along with filing a personal injury lawsuit in civil court. However, there are specific time frames in which individuals need to file their claim, most importantly, the Texas personal injury statute of limitations.
The Usual Personal Injury Statute of Limitations for Personal Injury Claims in Texas
Every state is allowed to set a statute of limitations for personal injury claims. However, not every state has the same statute of limitation. In Texas, individuals are required to file personal injury lawsuits and civil court against an alleged negligent party within two years from the date an injury occurs. This means that if an individual fails to file a lawsuit against the alleged negligent individual or entity within that time frame, they will not be able to recover compensation for their losses.
Exceptions to the Personal Injury Statute of Limitations
There are some exceptions to the Texas personal injury statute of limitations that you need to be aware of. There are times when the statute of limitations “clock” can be paused (tolled) after it starts to run or before it even begins to run.
If an individual is considered to be under a legal disability as defined by Texas law, then the two-year statute of limitations is paused until the time that the underlying disability is over. In Texas, a legal disability is defined as a person being under the age of 18 or “of unsound mind.” If a person turns 18 or becomes mentally competent as defined by law, then the personal injury statute of limitations clock will begin ticking.
The other exception to the personal injury statute of limitations occurs if the person alleged to have caused the injuries (the defendant) leaves the state of Texas at some point after the incident occurs but before a lawsuit can be filed. Their period of absence will not be counted towards the two-year Texas statute of limitations.
What About Insurance Companies?
Insurance companies are typically involved in injury claims. However, they do not necessarily operate on the statute of limitations for civil lawsuits. Insurance companies usually have very quick reporting deadlines, sometimes within a few days or a few weeks after the incident occurs. Failing to report an injury to an insurance carrier promptly could result in the carrier delaying or denying the claim.
However, just because an insurance carrier is typically involved in the case does not mean individuals should forget about the overall personal injury statute of limitations. It is not uncommon for at-fault parties and insurance carriers to drag out insurance negotiations towards that two-year timeframe, and the hopes that the individual filing the claim will eventually decide to settle or drop the case altogether.
Working With an Attorney
If you or somebody you love has sustained an injury caused by the careless or negligent actions of another individual, you need to reach out to a Laredo injury attorney immediately. A lawyer will help ensure that your claim is filed on time and appropriately so you and your family can recover the compensation you need.