Personal injury lawsuits are notoriously complex, and they also have a relatively tight statute of limitation (for most cases). Seeking the help of a qualified professional is vital to ensuring that a personal injury lawsuit is presented correctly and with the best chance of success. If you are looking for “personal injury lawyers near me” in McAllen, TX, we can help you navigate a personal injury claim.
Statute of Limitations for Personal Injury Lawsuits in Texas
You do not have an indefinite amount of time to file a lawsuit after you have been injured. In the vast majority of cases, under Texas law, you have a two-year deadline after the injury occurred for you to file your lawsuit. If you miss this deadline, you will not be able to pursue the claim.
When Does the Statute of Limitations for Personal Injury Lawsuits Start in Texas?
Usually, the two-year statute of limitations will begin on the day that the injury occurred, but there are some exceptions.
The following are examples where the statute of limitations is still two years, but the countdown would begin on a day that is later than the one where the injury first occurred. This will often be situations where the discovery that there was an injury is delayed.
Examples Of Two-Year Statutes of Limitations With a Differing Start Date
For asbestos or silica-related injuries, the two-year statute of limitations does not start on the day the asbestos was inhaled. Instead, it starts on the day of the exposed person’s death or on the date the claimant presents a report showing asbestos injury.
For medical malpractice, the two-year countdown starts on either the date the malpractice occurred or the date the course of treatment that included the malpractice ended, whichever is earlier.
Exceptions To The Two-Year Statute of Limitations
Five-Year Statute of Limitations
In the cases of sexual assault, trafficking, or compelled prostitution, there is a five-year statute of limitations.
30-Year Statute of Limitations
When the injury involves a child or disabled person, the statute of limitations is often 30 years. This includes cases involving:
- Sexual assault
- Sexual abuse
- Sexual trafficking
- Compelling prostitution
- Indecency with a child
One-Year Statute of Limitations
Defamation of character has a one-year statute of limitations.
Finding Personal Injury Lawyers Near Me
Bringing forward a personal injury lawsuit can be highly stressful, but you don’t have unlimited time. The statute of limitations is an immovable deadline, so approaching the task sooner rather than later, if you are able to, is important. In the majority of cases, this deadline is two years, but it can vary depending on the type of injury and the person who was injured. We understand the difficulties and complexities of personal injury cases, and we strive to represent all of our clients professionally and sympathetically. If you have suffered a personal injury and need legal help and advice, contact Almaraz Law Firm, TX. We have offices in Midland, TX, Houston, TX, Laredo, TX, San Antonio, TX, and Mcallen, TX. Our qualified and experienced team is waiting to take your call.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
