After an accident, it is natural to feel overwhelmed. Many victims focus primarily on their recovery and lose track of so many other things.
After a while, victims question whether they still have time to pursue a personal injury claim against the person responsible for their injuries and damages. Understanding the timing for filing a personal injury lawsuit is crucial to securing your rights and potential compensation after an accident.
For individuals in Texas seeking justice for their injuries, it is important to understand how the statute of limitations may apply to your case. Our Texas injury attorney at Patterson Law Group is here to provide more information regarding how long you have to file legal action after an accident.
Understanding Statutes of Limitations
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Regarding personal injury cases in Texas, the general rule is that you have two years from the date of the injury to file a lawsuit against those responsible for your harm.
This deadline applies to most personal injury cases, including car accidents, slip and fall incidents, medical malpractice, etc. However, exceptions to this rule may extend or shorten the time frame you must act.
Exceptions to the Rule
Several scenarios can affect the standard statute of limitations in Texas personal injury cases:
Discovery Rule
There are instances when the injuries sustained are not immediately apparent and may only become known well after the incident. In such cases, the discovery rule may apply, which allows the statute of limitations to start when the injury is discovered or reasonably should have been discovered rather than the date of the incident.
Governmental Entities
If your injury involves a governmental entity in Texas (for example, if you slipped and fell on a poorly maintained sidewalk owned by a city), you must file a notice of claim within six months of the incident in most cases. This is significantly shorter than the standard two-year limitation, so you must build your case quickly. Reaching out to a Texas injury attorney will ensure your claim is initiated within the statute of limitations.
Minors
The statute of limitations for minors (individuals under 18) does not begin until they reach the age of majority. Therefore, a minor injured in Texas typically has until their 20th birthday to file a personal injury lawsuit. However, there are exceptions, particularly in medical malpractice cases, making legal guidance essential.
Given the number of exceptions surrounding how long you have to file a personal injury claim following an accident, you should consult a personal injury lawyer in Fort Worth.
Your attorney will review your case and determine how long you have to file a claim. They will gather evidence immediately to ensure you are in the best possible position to protect your rights.
Why Timeliness Matters
Failing to file a lawsuit within the statute of limitations can permanently lose your right to seek compensation for your injuries. Courts strictly enforce these deadlines, barring few exceptions, which means even a valid claim with significant injuries could be dismissed without consideration of its merits if filed late.
The Role of a Personal Injury Lawyer in Fort Worth
Consulting with a personal injury lawyer in Fort Worth or a Texas injury attorney is not just beneficial; it’s a critical step in the process. An experienced legal advocate can:
- Accurately determine the applicable statute of limitations for your specific case.
- Identify any exceptions or special circumstances that might affect the standard timeline.
- Ensure all necessary steps are taken before the deadline, including preparing and filing your lawsuit.
- Negotiate with insurance companies and opposing counsel, potentially securing a settlement without a trial.
Preparation and gathering evidence take time, another reason to consult an attorney as soon as possible after your injury. A detailed investigation, collection of medical records, consultation with experts, and building a compelling case are all time-consuming but essential steps.
An attorney’s ability to manage these tasks effectively diminishes as the statute of limitations approaches.
Contact Our Texas Injury Attorney Today
Every day at Patterson Law Group, we are driven by a singular mission—to make justice accessible for everyone who has been hurt, no matter the scale of their injury. By reimagining the traditional law firm structure, we’ve become more agile and efficient and fully embraced technology to stay reachable. Our formula is simple: lean operations plus cutting-edge tech equals a dedicated team ready to advocate for you.
We believe no injury is too minor if it has impacted your life. With a sense of urgency and a commitment to detail, our team ensures that no stone is left unturned in pursuing your due compensation. Timing can be critical in personal injury cases, and waiting too long might jeopardize your chance for a rightful claim.
Do not risk missing out on the justice and compensation you deserve. Contact Patterson Law Group today. Our dedicated personal injury lawyer in Fort Worth is here to guide you through every step of the legal process, ensuring your rights are protected from start to finish.
