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How Long Do You Have to File a Personal Injury Claim in Texas?

| Apr 13, 2016 | Personal Injury |

After being in an accident or being hurt by someone else’s wrongdoing, most people are probably not eager to start a lawsuit first thing. And understandably so. Litigation and legalese can make pursuing compensation difficult for those unfamiliar with the system. But while rest and recuperation are certainly encouraged, it is important not to wait too long to take action against the negligent and liable party. If you do, Texas State’s statute of limitation for personal injury cases may expire, and you could be left completely out of luck.

The statute of limitations in Texas is only two years. This applies for nearly all injury cases, including car accidents, premises liability lawsuits, dog bite incidents, and so on. Once those two years are up, any lawsuit you try to file with the civil court system can be thrown out immediately and you have essentially lost your ability to pursue any form of compensation. As an old proverb states, “He who hesitates is lost.”

Special Circumstances for Unusual Injuries

Not all injuries are so catastrophic that you are going to notice their affects right away. Some can be incredibly subtle, essentially undetectable until years down the line. What can you do if your injury or illness caused by another was “not a problem” until after two years since the incident? With the help of a professional Texas personal injury lawyer, you may be able to still file a lawsuit using what is commonly called the “date of discovery rule.” This states that the statute of limitations on personal injury cases should not begin until the injury is actually discovered, or noticeable enough to require medical treatment.

For example: Imagine that you were given prescription painkillers for chronic migraines. Three years later, you suffer a heart attack and it is revealed that the painkillers have been detrimental to your health all along. You may still be able to file a claim of medical malpracticeagainst your physician or a product liability case the drug manufacturer despite more than two years going by due to the fact that the health issue did not become apparent right away.

You should keep in mind that you are not necessarily guaranteed any sort of extension on statutes of limitations. In order to fight for your right to compensation, you should always prepare your case with our New Braunfels personal injury attorney at the Kyle Law Firm. We have more than 60 years of collective legal and trial experience we can use to fight for your rights and we have recovered millions of dollars for our clients in the past. Contact us today and we can start your case with aFREE initial evaluation.