Following a serious accident in Brazoria County, you need financial compensation to pay health care costs, cover lost wages, and to support your family. You may be eligible to recover compensation through a personal injury claim against the at-fault party. That being said, you only have a limited amount of time to start the claims process. In this article, our Brazoria County personal injury attorney explains the most important things to know about the personal injury statute of limitations.
Texas Personal Injury Law: A Two-Year Statute of Limitations
The vast majority of personal injury claims arise under state law. If you were hurt in an accident in Brazoria County, then your claim is likely governed by Texas law. Our state has a strict statute of limitations for personal injury cases. Under Texas Civil Practice & Remedies Code § 16.003), any person seeking to take legal action for a personal injury “must bring suit not later than two years after the day the cause of action accrues.” Generally, the action accrues on the date of the accident.
You may be wondering: What happens if the statute of limitations expires in a Texas personal injury case? The short answer is that you will likely miss out on your chance to seek compensation for your damages. If a personal injury claim is initiated after the statute of limitations has already run out, the defendant can move for an immediate dismissal of the case on procedural grounds. Protect your rights: Consult with a Brazoria County personal injury lawyer as soon as possible.
You May Have Less Time to Bring a Personal Injury Claim Against the Government
In some circumstances, the government or a government agency is at-fault for an accident. The Texas Tort Claims Act allows you to hold the government liable for certain types of negligence. Though, the law has strict rules regarding providing notice. You generally have less time to initiate a personal injury claim against a state or local government agency in Texas.
Limited Exceptions to the Personal Injury Statute of Limitations
While the two-year statute of limitations applies to the vast majority of personal injury cases in Texas, there are some limited exceptions. Here are two reasons why a plaintiff may have additional time to initiate a personal injury lawsuit:
- Discovery Rule: A personal injury claim accrues once the action is known or should have been known. If you were not aware of the accident—perhaps because you were a victim of a retained surgical device in a botched operation—you may have more time to file a claim.
- Minor Plaintiff: The law is less strict regarding minor plaintiffs. A person hurt due to negligence while under the age of 18 may have additional time to start the personal injury claims process in Texas.
Schedule a Free Consultation With a Top-Rated Personal Injury Attorney in Brazoria County
At the Kolodny Law Firm, our Brazoria County personal injury law attorneys provide personalized legal support to victims and families. If you have any questions about the personal injury statute of limitations, we are here to get you answers. Contact us today for a free, no obligation consultation. Our law firm represents injured victims throughout Brazoria County, TX, including in Angleton, Freeport, Lake Jackson, Iowa Colony, West Columbia, Holiday Lakes, and Quintana.