The blog from Leo & Oginni, Houston's Personal Injury and Trial Lawyers, covers a wide range of topics involving Texas law on car accidents, criminal cases, and more. Know what to do if you have sustained injury or a criminal charge by reading here.
Statute of Limitations for Texas Personal Injury
Have you been injured in an accident and are now considering taking legal action? It's important to know that there is a time limit, or a statute of limitations, for filing a personal injury lawsuit in the state of Texas. Understanding the legal system and the time limits involved can make the process less stressful and help ensure that you receive the compensation you deserve.
Navigating the legal system can be overwhelming, especially when you are dealing with physical pain and emotional distress after an accident. At Leo & Oginni, we understand the complexities of personal injury law in Texas and are here to help.
In this article, we will explore the statute of limitations for personal injury cases in Texas and provide you with the information you need to make informed decisions about your legal options. We will also discuss the importance of working with an experienced personal injury attorney, like those at Leo & Oginni, to ensure that your rights are protected throughout the legal process.
What is a Statute of Limitations?
A statute of limitations is a legal concept that establishes a time frame within which an individual or party must file a lawsuit or charges against another individual or party. This time limit is set by legislative acts and varies depending on the type of case and the jurisdiction in which it is being pursued. The primary purpose of a statute of limitations is to ensure that evidence is still available and memories have not faded, making it easier to obtain a fair and accurate resolution of the case. Additionally, the statute of limitations serves to protect individuals from the threat of facing a court date indefinitely due to the potential for a lawsuit.
The statute of limitations applies to a wide range of cases, including civil cases such as personal injury claims and debt collection, as well as many criminal offenses. However, there are exceptions to the statute of limitations for certain extreme cases, such as murder, which do not have a deadline for filing charges.
How Long Are the Different Statutes of Limitations in Texas?
Civil cases, as well as criminal cases, have different statutes of limitations. Texas Civil Practice and Remedies Code 16.002(a) explains the various statutes, which include:
One-year statutes include libel, slander, and malicious prosecution. The statute of limitations for Texas personal injury claims is two years, as defined in Texas Civil Practice and Remedies Code 16.003(a), which means a person has two years to file a lawsuit against the one responsible for their injury. This statute also applies to wrongful death cases and cases involving property damage.
In the case of a criminal penalty, the statute of limitations in Texas is typically two years for a misdemeanor offense and three for a felony offense, which means you have two years to file a charge against the entity responsible.
The most important statute for those who have suffered an injury is the statute of limitations tat Texas places on personal injury claims. It is easy to think that two years is sufficient, but there are numerous steps that must be completed before someone can actually file a personal injury case in the state.
Can a Personal Injury Statutes of Limitations Be Extended?
There are certain instances when the personal injury statute of limitations may be extended in Texas, such as:
- When the victim of a Houston or surrounding area accident is a minor – this is self-explanatory since a minor child cannot bring a lawsuit.
- When the person who is liable for the personal injury is out of the state — when the person who caused an accident lives out of state and returns home, the potential of pausing the Texas personal injury statute of limitations is available to victims.
- When the victim is unaware of their injury or the potential to file a claim — victims may not be aware of their injuries for days or weeks after an accident. The pause allows them additional time to file a personal injury claim.
The Texas personal injury statute of limitations will be paused if any of these situations occur. Keep in mind if the personal injury statute of limitations expires, victims may lose their right to file a personal injury claim.
Contact Leo & Oginni Trial Lawyers to Ensure Your Personal Injury Case is Filed On Time
When someone has been involved in a roadway accident, a slip and fall accident, or has suffered an injury due to someone's negligence, they may have a personal injury claim. If you or a loved one feels you have a personal injury claim in the greater Houston area, or surrounding areas, don't let the statute of limitations for your personal injury claim expire. The personal injury and trial attorneys at Leo & Oginni are here to help.
Contact Leo & Oginni Trial Lawyers as soon as possible, and let us protect your interests and legal rights.