What Is The Statute of Limitations in Personal Injury Cases
STATUTE OF LIMITATIONS IN PERSONAL INJURY CASES
You’ve been injured. Your loved one has had a fatal accident at work. How much time do you have to bring a lawsuit? How late is too late?
In Texas, there is a two-year statute of limitations for personal injury cases. It is a legal deadline by which lawsuits must be filed, or the injured person’s legal claim and right to sue for the injury will be lost forever. This two-year deadline begins to run the day after the date of a non-fatal accident or injury. In wrongful death cases, the deadline begins running on the date of death.
There are exceptions to the two-year deadline in personal injury cases, including:
1. Continuing-Tort Exception. In cases of repeated injury caused by repetitive wrongful acts, the two-year deadline does not begin to run until the wrongful conduct ceases.
2. Disability Exception. If, at the time of the accident or injury, the plaintiff is under 18 years of age or is of unsound mind, the limitations period does not begin until after the disability is removed.
3. “Discovery Rule” Exception. If the nature of the plaintiff’s injury is difficult to discover and could be objectively linked to the defendant’s wrongful conduct, the two-year deadline does not begin until the plaintiff knows or should know, by exercising reasonable care and diligence, of the facts giving rise to the injury.
4. Texas Penal Code Exception. The limitations period is extended to five years if an injury arises as a result of one of these violations under the Texas Penal Code: sexual assault; aggravated sexual assault; continuous sexual abuse of one or more children; human trafficking; and compelling prostitution.
The exceptions to the two-year statute of limitations in personal injury cases are applicable on a limited, case-by-case basis, and may not apply in every case. The only sure way to protect your legal rights is to immediately contact a board-certified personal injury attorney as soon as you or a loved one are injured.
At Michael P. Fleming & Associates, P.C., we regularly get calls from victims who wait until the last minute to try and involve an attorney or bring a lawsuit. Unfortunately, some victims wait too long and end up forfeiting their legal remedies. Sometimes, the victim has simply lost track of time. But often, the victim has hoped that things would resolve themselves over time, only to be disappointed by the outcome.
It is crucial that you take legal action at the earliest opportunity. Don’t risk waiving your legal rights. Contact Michael P. Fleming & Associates, P.C. today to discuss your claim. Michael P. Fleming is a board-certified personal injury trial lawyer who knows what it takes to prosecute these cases and get you the compensation you deserve. The clock is ticking. Don’t let time run out on you, call the lawyers at Michael P. Fleming & Associates, P.C. today.