A statute of limitations is a time limit for how long you have to file a lawsuit. In a personal injury case, the time begins running when the accident happens or when you were injured. Certain circumstances can make the statute of limitations different.
If you have questions about how long you have to file a personal injury lawsuit, you should contact Anderson Injury Lawyers right away. Time is ticking; don’t let it run out.
How Long Do I Have To File a Personal Injury Lawsuit in Texas?
You have a two-year deadline to either settle your claim or bring a lawsuit in a personal injury case in Texas.
Simply filing a claim with your insurance company does not meet the statute of limitations requirement. If you file a claim and do not settle it and do not file a lawsuit, then the two-year deadline expires, you may not get anything from your accident.
You have to be careful about the statute of limitations. Sometimes the insurance company will act in bad faith and delay your claim to get past the two-year deadline, so they don’t have to pay you anything.
Exceptions for the Texas Statute of Limitations
If a minor child under 18 was injured in an accident, you have a more extended deadline to file a lawsuit. However, you still have to be diligent and file a claim as soon as possible. Evidence can disappear, and medical bills can only be paid for a certain amount of time.
Another rare exception is called the “Discovery Rule.” This allows the time counter of your two-year statute of limitations to begin ticking when you discover you are injured. This rarely happens in car or truck accidents. However, if you were injured by a medical professional and didn’t immediately find out that they hurt you, then your statute of limitations might not begin right away. These medical malpractice claims are rare in Texas, as there are strict damage caps for these types of lawsuits.
What if I Miss the Deadline To File a Personal Injury Lawsuit?
Insurance companies know that you only have two years from the date of an accident or from when you were injured to file a lawsuit. If you haven’t agreed to a settlement offer or filed a lawsuit by that time, they will likely stop negotiating with you. They will refuse to offer you any money, and you will not get the money you need to cover your losses.
You can prevent this by calling an attorney right when you are injured. Your attorney will immediately start working on your claim and make a demand for a reasonable settlement from the insurance company. If the insurance company refuses to move forward at a reasonable pace, they are acting in bad faith.
Anderson Injury Lawyers Will Make Sure You Meet the Statute of Limitations in Your Case
Personal injury claims can be very complicated. You must file your lawsuit within a certain amount of time and then meet additional deadlines related to your case. Work with Anderson Injury Lawyers to meet your statute of limitations and get the money you deserve.