Statute of Limitations in Texas Injury Cases

Plaintiffs usually have a specific time frame to file a lawsuit. The statute that establishes a limitations period for a cause of action is known as a “statute of limitations.” A plaintiff’s failure to comply with the applicable statute of limitations usually bars the plaintiff from obtaining relief—including monetary relief—even when the defendant is legally responsible for causing harm.

What is the Statute of Limitations for a Texas Injury Case?

A person must bring suit to recover personal injuries or property damage in Texas within two years after the cause of action accrues. For most torts, a cause of action accrues when a defendant’s wrongful act causes the plaintiff to incur a legal injury. Regarding auto accidents, the accrual date occurs on the collision date even if all resulting damages have not occurred (e.g., if the victim continues to experience pain or receive medical treatment after the crash).

What is the Tolling of a Statute of Limitations?

A cause of action’s statute of limitations can be tolled in certain circumstances. Tolling suspends the running of a limitations period even though the cause of action has accrued. 

Texas law tolls an action’s limitations period if the plaintiff is under a legal disability when the action accrues. A plaintiff is under a legal disability if the plaintiff is under 18-years-old or of unsound mind. Under those circumstances, the limitations period does not start running until the disability is removed. For example, if a plaintiff is under 18-years-old when a negligent driver crashes into and injures the plaintiff, the two-year limitations period does not begin running until the plaintiff turns 18-year-old.

How Long Should I Wait Before Filing a Lawsuit or Speaking with an Accident Attorney?

How long a person has to file a lawsuit is different from how long a person should wait before filing a lawsuit or seeking legal advice. Generally, an auto collision’s claim value decreases the longer it takes for a victim to speak with an accident attorney following a collision. Thus, even though Texas crash victims have two years to file a lawsuit, it is in the victim’s best interest to discuss the collision with an experienced accident attorney as soon as possible.

Since most injury lawyers do not charge for initial consultations, accident victims do not lose much by discussing an auto collision or other injury case with an attorney. If someone’s negligence injures you or a loved one, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.