Accidents happen every day. However, when these accidents result in devastating injuries and life-long debilitating pain because of another person’s wrongful actions, the situation can often become unbearable. Additionally, oftentimes, the amount of time you have to file a legal claim to collect compensation for these injuries is limited. Learn all the ins and outs about suing in Texas.
Navigating these situations can be tricky and confusing. We know that here at Thompson Law. With our expertise in helping clients win more than $1.8 billion on their cases, we want to help you better understand the timeline of suing someone in Texas.
The Statute of Limitations
The statute of limitations is a law that dictates the maximum amount of time you have to start legal proceedings from the date of an alleged offense. If you do not file your claim within this allotted time, you may be barred from obtaining compensation for your injuries. Additionally, two other essential takeaways from the statute of limitations law include:
- The length of time allowed under the statute of limitations will depend on the jurisdiction where the case is being disputed and the severity of the offense.
- There are several exceptions to the rule that can extend or decrease the amount of time you have to file.
How Long Can You Wait to Sue in Texas
In Texas, the statute of limitations depends on the type of accident or incident you were involved in. Consider the following offenses:
One-Year Statute of Limitations
- Malicious prosecution
Two-Year Statute of Limitations
In general, the two-year statute of limitations is the norm for those torts that involve some sort of trespass to personal property, the body, or even land. Typically, the claims subject to the two-year statute of limitations include:
- Personal Property Damages
- Personal Injury Accidents
- Wrongful Death
Four-Year Statute of Limitations
The four-year statute of limitations is often reserved for lawsuits that involve a contractual obligation. These suits often involve disputes over someone’s actions related to a contract, such as debt collection suits, breach of contract, or a breach of fiduciary duty.
If you have been involved in an accident, it may be hard to determine which statute of limitations applies to your case. That is why it is vital to reach out to one of our skilled personal injury attorneys, who can promptly review your case and figure out exactly how much time you have to file your claim.
Exceptions to the Texas Statutes of Limitations
Many people often assume that the statute of limitations is a deadline that is unchangeable, and even though it is a relatively strict timeline. There are a few narrow exceptions to the Texas statute of limitations that can impact the amount of time you have to file:
- The Age of the Victim: Usually, the statute of limitations will be delayed if the person affected by an accident is under 18. In these situations, the statute of limitations is delayed until the individual turns 18 years old.
- Concealment that is Fraudulent: One of the most common exceptions to the statute of limitations is fraud. The fraud clause applies if the defendant concealed information from the victim and the victim did not know about this information. When fraud is involved, the statute of limitations will not start until the information is discovered or could have been reasonably discovered.
- Unsound Mind: Generally, if the victim was of unsound mind when an accident occurred, the statute of limitations will not begin until they are of sound mind.
- The Discovery Rule: Normally, the statute of limitations clock begins to tick as soon as an injury occurs. However, when victims are unaware of their harm, the statute of limitations timeline does not begin until they discover or reasonably should have discovered their injuries.
- Government Agencies: If a government agency is liable for your harm, special rules can apply to limit how much time you have to file your case and how much money you can collect.
Because of these legal nuances that apply to the Texas statute of limitations, you should speak with an experienced personal injury attorney as soon as possible to help you navigate whether or not you have a case. Our lawyers can swiftly review the facts of your case and determine if any of these exceptions apply.
Get the Legal Help From an Experienced Legal Team You Can Trust
If you have been harmed in an accident, you are going through a lot. Not only are you battling severe injuries and significant pain, but many times the legal issues you are tackling are complex and tedious. However, you do not have to go through this ordeal on your own. At the personal injury law firm of Thompson Law, we can help you understand your legal options while we fight zealously for you and your rights.
When you work with Thompson Law, our legal team focuses on providing you with the following experience:
- Family Feel: We have an empathy-first approach to all of our cases. You are already going through a difficult time and we want to make this as easy as possible for you. Our team cares about you and wants the best outcome for your case to get you the compensation you deserve for your pain and struggle.
- Attention You Deserve: We are available 24/7 and have various contact methods, ensuring you can get a lawyer in 15 minutes or less. We have the power of a large firm but our team cares about our clients as family, making sure you get the attention you need. We offer language assistance through our competent bilingual legal staff.
- Results: We fight vigorously for our clients, and since our founding, we have won over $1.8 billion for them through settlement awards and jury verdicts. Our fees are not the goal, and we only get paid when you succeed.
If you have suffered an injury because of another person’s wrongful actions, we are ready to take on your case and go after the damages and justice you deserve. If you or a family member has been injured in an accident, contact our firm today and get a free case review to get your most urgent questions answered and discuss the legal options you can pursue. Call us at (866) 293-4768 today for a free case evaluation and let our experienced Dallas auto accident lawyer represent your case.