How Long Do You Have to File an Injury Claim in Texas?

When you’ve been injured in an accident caused by another person’s negligence, it’s essential to get started quickly in bringing your claim here in Austin, TX. If you go beyond the statute of limitations, which is a time limit set on these claims, you lose the right to bring a claim at all. Always talk to a personal injury attorney as soon as possible after an accident.

The basic time limitation is two years, and this applies to all types of personal injury other than workplace injuries covered by workers compensation. While two years might seem like a long time, you’d be surprised how many people miss this window. Many people assume that the insurance company will be fair with them and just wait it out, but insurance companies are very aware of the time limit and will take full advantage of it if they can.

Exceptions to the Two-Year Rule

There are a few important exceptions to the rule, but it’s never wise to assume that you qualify for one of these exceptions. Be sure to talk to a lawyer to make sure.

Discovery Rule

The discovery rule applies where an injury doesn’t manifest right away. Sometimes internal injuries don’t show up for a while, or you may have been exposed to a harmful substance and not become aware of that exposure for some weeks or months. Medical malpractice often isn’t clear right away, either. In cases like this, the clock begins at the time the injury is discovered rather than at the time it happened.

Minors

Minors cannot bring a claim by law. For a minor injured in an accident, therefore, the two-year clock does not start ticking until the date they become eligible to bring a claim, which is their 18th birthday. Parents can bring a claim for their child before this, though the court will typically appoint a guardian ad litem to ensure the settlement goes to the child, but the child cannot bring their own suit until age 18. Parents can also bring a separate action for the medical bills they were responsible to pay as guardians of their children, and they have two years from the date of the accident to do so.

Texas Government

If either a state or city government entity is responsible for your accident, then you must act quickly. For state government, you must give notice of your intent to bring a claim within six months of the injury. Bear in mind that some cities and counties have time limits that are even shorter. In some places, you only have 90 days to give notice, so talk to a lawyer as soon as possible in a situation like this.

There are other complexities involved, so talk to Shaw Cowart, Attorneys at Law LLP in Austin right away after an injury. We also serve San Antonio, Houston, Cedar Park, Georgetown, Hutto, Kyle, Leander, Pflugerville, Round Rock, San Marcos, and clients around the country.

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