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Is There a Texas Personal Injury Statute of Limitations?


Filing a personal injury lawsuit can be complicated in many ways, and contacting a Texas personal injury attorney can help you navigate the legal system and give you a better chance of a favorable decision. They can also represent you if you need to take your case to court and help you receive the medical attention you need. 

Another way that a Texas personal injury attorney can help you when filing a personal injury claim is navigating the Texas personal injury statute of limitations, which can be crucial to the success of your case. Your personal injury attorney can answer your questions about how to proceed with your lawsuit.

The Texas personal injury statute of limitations is the amount of time you have after an accident or injury to start the legal proceedings. If you want to be able to be compensated or bring the party responsible for your injury to justice, you have to file the claim before the Texas personal injury statute of limitations expires or you are no longer qualified for any sort of compensation or legal action.

Often people are reluctant to come forward about their personal injuries and once they do, too much time has passed. If you have questions about the amount of time you have to file a claim, contact a personal injury attorney for more information.

What Is the Statute of Limitations?

Section 16.003 of the Civil Practice and Remedies Code covers the Texas personal injury statute of limitations. It states that any legal proceedings regarding personal injury cases must be started no later than two years after the incident occurred. This includes if you are filing a suit for the death of another. If you are looking into beginning legal proceedings for a personal injury case, talk to a Texas personal injury attorney about what the statute of limitations would be for your case.

There are, however, a few instances that are considered exceptions to the statute. For instance, asbestos or silica-related injuries have different starting periods for the statute to take effect. In these cases, the statute begins either on the date of the exposed person’s death or the date that the defendant is presented with a report filed by the claimant, whichever occurs first. Other exceptions include sexual assault, abuse, or trafficking, as well as that of a child, compelling prostitution (by a child and an adult), and indecency with a child. In these cases, the statute of limitations increases to thirty years.

If you or a loved one has experienced any of this and you would like to look into filing a personal injury lawsuit, contact a Texas personal injury attorney to talk about your options. They will be able to tell you if you are still within the statute of limitations and be able to counsel you about how to proceed with your case.

Call Thomas J. Henry Today

If you have a question about the Texas personal injury statute of limitations or the status of your case in relation to the statute, contact a Texas personal injury attorney. You can call us at 866-517-5659 to speak to one of our attorneys or you can contact our offices in San Antonio, Austin, or Corpus Christi directly from our website. 

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