All states, including Texas, has imposed statutory limits on the amount of time you have to go to court and file a personal injury lawsuit. In general, the time limit is known as the “statute of limitations.” These deadlines vary based on the type of case you wish to file.
For personal injury cases in Texas, the statute of limitations is two years from the date of the injury to file a lawsuit in the state’s civil court system. If you do not get your lawsuit filed prior to the two-year window, the Texas civil court system will most likely deny your claim and refuse to hear your case at any time in the future, which means you will lose your right to compensation.
The following statute of limitations for several claims in Texas:
- Product liability – two years or 15 years
- Medical malpractice – two years
- Legal malpractice – two years
- Wrongful death – two years
- Personal injury claim against the Texas government – six months
Remember, there are some cases where the victim of an accident is partially to blame for the incident that led to his or her injuries. If you do share some degree of liability, it can ultimately affect the total amount of compensation you can obtain from the at-fault party.
In shared fault injury cases, Texas abides by a “modified comparative negligence rule.” Simply put, the amount of compensation you’re entitled to receive will be reduced by an amount that is equal to your percentage of fault. If you are found to bear more than 50% of the legal liability, you cannot collect anything at all from the at-fault party.