How Long Do I Have To File My Personal Injury Case?
Statute of Limitations
In general, the time period in which to file a lawsuit for personal injury damages in Texas is two years from the date of injury. Known as the “statute of limitations,” claims filed after this period of time will be forever barred unless the case falls within one of very few exceptions. Some exceptions to this absolute bar to filing a lawsuit include underage victims and situations where the victim was unable to discover the injury within two years.
Many people try to negotiate a settlement of their personal injury matter directly with the insurance company and believe that the two-year statute of limitations does not apply if they have already submitted the claim. This is not true. The two-year period means that the personal injury claimant must file a lawsuit within that time or their claim is lost . If a lawsuit is not filed then the claim is lost – even if you have been negotiating with the insurance company for two years. Furthermore, your uninsured/underinsured claim will be lost if the statue of limitations expires without a lawsuit being filed against the negligent party.
If you have a serious personal injury matter, it is important that you speak with an experienced injury lawyer today to determine the appropriate date for the statute of limitations.