Personal Injury Statute of Limitations – Why Do We Have Them? - Personal Injury & Auto Accident Attorneys in Pearland, TX

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Every year, an estimated 400,000 personal injury claims are filed by people who become injured due to someone else’s negligence or carelessness.

When someone is injured in an accident, they only have a certain amount of time to contact a personal injury lawyer and file an injury claim for compensation.

This is called the statute of limitations.

Since the statute of limitations is relatively short, personal injury attorneys stress the need for accident victims to act quickly after becoming injured or diagnosed with a condition.

Though there are some instances where personal injury claims can be filed beyond that time, those are the exception and not the rule.

Personal injury cases are better handled as soon as possible for the best chance of receiving a suitable settlement.

What Is The Purpose of Personal Injury Statutes of Limitations?

The statute of limitations is the time period that any person seeking to file a personal injury case has to file a claim against a potentially liable party.

The reason there is a limit to the time in which personal injury lawyers can file these claims for their clients is to promote fairness for both the injured individual and the party the injury claim is made against.

The time limit exists to prevent the tampering, destruction, or loss of evidence that is important to the case.

It also exists to eliminate the potential harassment that can occur when potential defendants are repeatedly threatened with a lawsuit.

By putting a fair time limit on these cases, injured victims usually have enough time to work with their personal injury attorney in understanding the true extent of the injuries and gather the evidence needed to support those claims in court without the problems of evidence loss or harassment becoming an issue.

What Is The Statute of Limitations for Personal Injury Cases In Texas?

Generally speaking, the statute of limitations for a personal injury claim in Texas is 2 years from the date that the cause of the injury accrues.

The term accrues refers to when the injury is realized, which in most cases is when the injury happens, although in some cases it can be when a condition or injury is first realized.

The 2-year statute of limitations for filing a lawsuit with a personal injury lawyer applies to personal injury, wrongful death, property damage, medical malpractice, and product liability.

What Are The Exceptions To The Normal Statute of Limitations?

In some instances, personal injury attorneys may be able to file an injury claim beyond the standard statute of limitations if they are among the recognized exceptions to this rule:

Sex Crimes Against Adults
Claims Involving Minors
Medical Malpractice
Asbestos and Silica Related Claims
Claims Subject to the Discovery Rule
Claims Against First-Party Auto Insurance Companies
Certain Maritime Claims

In any of these personal injury claims where it is best to file before the statute of limitations has expired, there are instances where injured parties may still have the right to file a claim and seek compensation beyond the standard 2 years.

Consult With An Experienced Personal Injury Lawyer to Discuss Statute of Limitation Cases

Personal injury lawyers stress the importance of filing personal injury cases within the statute of limitations whenever possible.

Yet anyone who believes their case may be acceptable under a known exception or simply has no idea if they can still file a case should still consult with a personal injury attorney who can research their incident and properly advise them.

Injured individuals who file their personal injury claims either within the statute of limitations or are covered by a recognized exception have the right to argue their cases and seek compensation from a potentially liable party that may be found responsible for those injuries.