“How long do I have to make a claim after an accident?”
Well, the short answer is, it depends on where you were when you were injured. The time limit you have to resolve a claim or file a lawsuit after an injury is known as the statute of limitations. Every state has a specific statute of limitations for an injury. In Texas for instance, the statute of limitations, or the time period the law allows an injured party to make a claim is 2 years. This means that if you are injured, you have exactly 2 years from that date you were hurt to either resolve the claim or file a lawsuit. Here is how the Texas Civil Practice and Remedies Code defines it:
SECTION 16.003. TWO-YEAR LIMITATIONS PERIOD.
- Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
- A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
The most important thing to understand about the statute of limitations is you have to file a lawsuit to maintain your claim before the 2 years expires. If you don’t file a lawsuit within the 2 year time period, generally speaking, time would be up, and a Court will no longer hear your claim. Like everything, there are always exceptions, but the rules in terms of Statute of Limitations are fairly strict.
If you think you may have a statute of limitations issue, it is important to speak to an injury attorney to discuss your options and legal rights. From Corpus Christi to San Antonio, Dallas, Waco, Houston, The Rio Grande Valley and beyond, The Patel Firm PLLC is a phone call away. Contact The Patel Firm PLLC, located at 5117 Williams Drive., Corpus Christi, Texas 78411 if you have any legal concerns and have suffered an injury after any car wreck, 18-wheeler crash, company vehicle accident or other incident. 24/7/365, someone at The Patel Firm PLLC is waiting to take your call.
*This blog is for informational purposes only and is not intended to, and should not be construed as legal advice.