Accidents can happen to anyone, at any time, and in any place. When an accident occurs and causes personal injury, it is essential for the injured party to understand the time limits and deadlines for filing a personal injury claim. In Texas, like in other states, there are specific regulations in place to ensure that claimants have a reasonable amount of time to seek compensation for their injuries. Unfortunately, many people do not understand these time limits and deadlines. They do not realize that they have a limited amount of time in which to file a personal injury claim or that without filing the claim within this time frame, their case may be lost altogether.
Texas, like most states, has a statute of limitations that governs when personal injury claims can be filed. In Texas, this limitation is two years. This means that after the claims statute expires there may be limited opportunities to launch a personal injury lawsuit against your insurance company. The time limits and deadlines that are set out by Texas law differ significantly from state to state.
Understanding the Statute of Limitations
The statute of limitations refers to the legally set period within which a personal injury claim must be filed. In Texas, the statute of limitations for most personal injury claims is two years from the date of the accident or injury. This means that if an injured individual fails to file a claim within this timeframe, their right to seek compensation may be permanently barred. In many cases, this is the only way that a personal injury claim can be brought.
In Texas, there are three exceptions to the two year statute of limitations. The exceptions involve money damages based on fraud or intentional acts by the insurance company or the product manufacturer. These exceptions to the statute of limitations are fairly uncommon and most people never encounter them. It is important to keep in mind that the statute of limitations does not begin until the injury has occurred. So, if an injury does not occur until three years after the accident, then the statute of limitations for that injury will not begin until three years after the accident.
Exceptions to the Statute of Limitations
While the general rule in Texas is a two-year statute of limitations, there are some exceptions that may extend or shorten this time limit. It is important to be aware of these exceptions to ensure that your personal injury claim is filed within the appropriate time frame.
The first exception to the statute of limitations involves intentional acts on behalf of the insurance company. If a personal injury claim is filed, and it is determined that the injury was caused by an intentional act on behalf of the insurance company or product manufacturer, then there is a very short period in which to file such a claim. In Texas, if this happens, there are only thirty days in which to file the claim. Some common exceptions include:
1. Discovery Rule: In cases where the injury was not immediately apparent, the statute of limitations may be extended. This rule applies when the injured party could not reasonably have discovered the injury at the time it occurred.
2. Minors: When a minor is injured, the statute of limitations is tolled, meaning it does not begin to run until the minor reaches the age of 18. For example, if a child is injured in an accident at the age of 10, they will have until their 20th birthday to file a personal injury claim.
3. Governmental Entities: When the responsible party is a governmental entity or employee, special rules may apply. In Texas, a Notice of Claim must often be filed within a much shorter time frame, such as 180 days from the date of injury.
Importance of Timely Filing
Filing a personal injury claim within the prescribed time limits is crucial, as failure to do so may result in the dismissal of the claim. Once the statute of limitations has expired, the injured party will lose their right to seek compensation for their injuries. Therefore, it is essential to understand and adhere to the established deadlines.
Many people are not aware of these time limits and deadlines. They do not realize that they have a limited amount of time in which to file a personal injury claim or that without filing the claim within this time frame, their case may be lost altogether. If you have been injured in a car accident, you must understand that Texas law requires the injured party to file a personal injury claim within two years from the date of the accident.
In Conclusion
Whether or not your personal injury claim is successful, it is essential to understand the time limits and deadlines that exist in Texas. If you fail to file a claim by the prescribed deadline, then you will lose your right to seek compensation. It is best to contact an experienced personal injury attorney well before this date to review the status of your situation. If there is any question as to whether or not you should file a personal injury claim, then ask your attorney for advice on how long you have left before filing such a claim.