After an accident, you have a limited amount of time to file a lawsuit in Texas. Lawyers refer to the time you have to file as the “statute of limitations”. Your statute of limitations depends on when your accident happened and what kind of lawsuit you must file. In very limited circumstances, it also may depend on age, capacity, and when you discovered the need to file a lawsuit.
Because many factors play into filing a lawsuit, it’s best to contact an experienced personal injury lawyer to assist you with your case. A good lawyer can give you a consultation involving an honest assessment of your case, allowing you to decide the best path forward. Our team of former Marines are honored to represent many injured workers and their families in Texas personal injury and wrongful death lawsuits.
Texas Personal Injury Statute of Limitations
Each state has different laws regarding the time frame to file personal injury lawsuits. In Texas, you have 2 years after the date of the injury to file your lawsuit. If you try to file a personal injury lawsuit after the 2 years has expired, you may be barred by the statute of limitations. In other words, your lawsuit may get dismissed because you did not file it in a timely manner.
There are a few very limited exceptions to the 2-year statute of limitations:
- The injured person was under the age of 18 when the injury occurred
- The injured person did not have mental capacity when the injury occurred
- In rare and limited circumstances when the discovery of an injury is delayed
If the injured person was under age 18 or did not have mental capacity at the time of injury, then the statute of limitations is “tolled” (does not start running) until the person turns 18 or regains mental capacity. In other words, a 17 year old who gets injured would have 2 years after the date they turn 18 to file a personal injury lawsuit. A person lacking mental capacity would have 2 years after the date they regain capacity (such as the date they come out of a coma) to file the lawsuit.
Texas Wrongful Death Statute of Limitations
When someone dies from an accident, family members or an estate executor can file a wrongful death lawsuit on the deceased person’s behalf. If the person died immediately due to the accident, then the family would have 2 years from the accident date to file a wrongful death lawsuit.
If the person survived the accident but was seriously injured, their time to file a personal injury lawsuit had already started running as of the day of the injury. Sadly, some accident victims die days or weeks after the initial accident date. If so, the law gives their family an additional 12 months from the date of death to file a lawsuit on their behalf.
Texas Products Liability Statute of Limitations
Some of our clients need to file products liability lawsuits due to the nature of their accidents. A products liability lawsuit typically is filed against the manufacturer or designer of a faulty product that caused an accident. Texas law generally allows 15 years to file such a lawsuit, but there are many exceptions that may apply if someone was injured or killed by the product. If your claim involves a faulty product, it’s very important that you consult a personal injury lawyer quickly. You may have considerably less than 15 years to file suit, depending on your individual situation.
Again, we always recommend speaking with a lawyer during an initial consultation to learn more about your rights. You need specific advice tailored to your individual circumstances. Allen & Nunnally’s lawyers maintain a longtime commitment to helping injured clients and their families pursue justice. Our motto is “No Better Friend” “No Worse Enemy” because it represents how hard we fight for our clients’ rights in personal injury and wrongful death lawsuits.
First to Fight for You
Do you need advice about your rights after suffering a serious injury or losing a family member to an accident? At Allen & Nunnally, we have a steadfast commitment to client service. Injured Texans trust us to fight for the compensation they deserve. We earn that trust by working tirelessly to achieve the best possible outcomes for our clients’ cases. To schedule a consultation with one of our Houston attorneys, use our convenient Contact Form, call (713) 955-2217, or email us at info@allen-nunnally.com.