Each state has laws mandating deadlines for filing certain cases. They are called “statutes of limitations.” The state of Texas is no different. Knowing how long these limits are is vital, especially if you are trying to claim damages for personal injuries.
File a claim as soon as possible
While the statute of limitations for personal injuries in Texas is two years from the date of injury, there may be cases when the limitation does not start until the injury is discovered. These usually happen in medical malpractice or long-term exposure to harmful chemicals, wherein the injured person only discovers the harm long after the injury has started.
Is an extension or suspension of the deadline possible?
Yes. Tolling, or equitable tolling, allows for extending the deadline for case filing. In particular, the grounds for suspending or extending the statute of limitations in Texas are the following:
- The defendant is out of state or is in hiding.
- The defendant uses a false name, causing difficulty serving the lawsuit notice.
- The plaintiff cannot file the lawsuit due to injury or incapacity.
- Any judicial proceeding related to the case is ongoing.
- The plaintiff was a minor when the injury happened or started.
The court will consider these and other relevant factors when granting suspension or extension of the statute of limitations.
Do not take the long deadline for granted
While the statute of limitations in Texas is two years, and the deadline can be extended or suspended further, it is still best to file for compensation as early as possible. An early filing will allow for better negotiation and quicker payout. Consider seeking legal advice to guide you through the process better.