Houston’s Statutes of Limitations for Personal Injury

Houston’s Statutes of Limitations for Personal Injury

August 26, 2021 Off By Glespynorson

Houston stands fourth among the most populated cities of the United States of America. The Texas metropolitan city has a developed infrastructure and systematic traffic laws. However, a vehicle accident, slip-and-fall incident, or other accidents may occur unexpectedly.

If you are injured in any of such accidents, you can file a personal injury lawsuit.  Before you do so, it is crucial to familiarize yourself with the relevant laws and the court proceedings. In particular, you have to be aware of the personal injury statutes of limitation laws.

A Houston personal injury lawyer provides solid legal representation and guides you through the legal proceedings. Read on to know about Houston’s personal injury statutes of limitations laws.

What is the Houston Statute of Limitations for Personal Injury Lawsuits?

The statute of limitations is the deadline the law appoints to file a lawsuit. According to Texas Civil Practice and Remedies Code, the statute of limitations is two years from the injury or accident date for most personal injury lawsuits. It applies to all civil claims for injury filed in Houston.

If another individual’s intentional or careless act causes any injury to you, you have a right to ask for a civil remedy for your loss. A personal injury lawyer in Houston helps you file the lawsuit and represents you through the legal process.

Which Personal Injury Lawsuits Does the Statute of Limitations Cover?

The statute of limitations covers the majority of personal injury civil claims. Some of the claims include the following:

  • Motor vehicle accidents, such as motorcycle, car, bicycle, truck, and pedestrian accidents.
  • Accidents at the workplace. Injuries at construction, maritime, industrial plant, and oil rig sites are most common.
  • Slip and fall accidents.
  • Dog bites.
  • Medical malpractice.
  • Premises liability.
  • Dangerous drugs and defective products.
  • Nursing home neglect and abuse.

In the last decade, damage or injury cases that involve a motor vehicle in Texas increased by a tremendous 79%. Follow the deadline of personal injury cases to avoid the risk of the court dismissing your case.

Houston Personal Injury Lawyers | Pintas & Mullins Law Firm

What Happens When You Miss the Deadline?

When more than two years pass since the accident or injury date, you can lose the right to assert that you are entitled to compensation. The defendant or the individual you intend to sue will likely file a dismiss motion stating that the deadline has expired.

Unless any rare exception applies that gives you extra time, the Houston court dismisses your case. You cannot ask the court to grant injury or damage compensation even if the pain or loss is significant. It may not help your case even if the defendant’s liability is apparent.

Ensure not to lose the negotiating leverage, and file your personal injury lawsuit before the deadline comes closer. A reliable Houston personal injury lawyer keeps track of all the appropriate timelines for legal procedures and makes sure that you meet them.

What if You are Filing an Injury Claim Against the Texas Government?

When your injury occurs because of the negligence of a Texas or Houston government agency or employee, you can file an injury claim. However, you have to file it within six months from the date of the injury or accident.

The filing requirements and timelines are much more stringent when dealing with a government-related injury claim. Make sure to consult an experienced personal injury attorney to meet the requirements and protect your right.

What are the Exceptions to the Houston Personal Injury Statute of Limitations Laws?

Houston has a population of about 2,320,268. Personal injury cases mostly occur in workplaces, residential properties, and on the roads. There can be a few instances where a delay may occur in filing your personal injury lawsuit.

The Houston courts identify some scenarios that may justify extending the deadline for filing the lawsuit. Some situations that are most likely to stand as exceptions to the standard timeline include:

  • An exception applies if you come under any legal disability as per Texas law. It applies when you are below 18 years of age or not of sound mind. For these instances, the timeline of two years may not begin until you turn 18 or become mentally competent.
  • Another exception applies if, at any period after the accident and prior to filing the lawsuit, the individual who allegedly caused your injuries leaves Texas. The period of their absence does not add to the two-year count.

Discuss your case with a Houston personal injury lawyer for thorough clarity on the deadline and all the essential legal processes.

It is crucial to ensure that you meet Houston’s personal injury statutes of limitations laws. With the help of your lawyer, you can accurately file your injury claim on time.