How Long Do I Have To File a Personal Injury Claim In Texas?
In Texas, a personal injury claim is subject to strict time limits. Any person injured by the negligence of another can file a personal injury lawsuit. However, that lawsuit must be filed on or before two years from the date of the incident. This is called the statute of limitations. Failing to file a lawsuit within two years will mean that you would be forever barred from every being able to file that personal injury claim.
Minors – A Different Set of Rules
If a child under the age of 18 is injured, the statute of limitations does not even begin to run until the child turns 18 years of age. So if no claim is ever brought while the child is a minor, when the child turns 18, Texas law allows the child to pursue his or her claims within two years of the 18th birthday.
However, in many instances, a minor’s parent or guardian will pursue the claim for the minor or on behalf of the minor. In order to assure that the minor’s best interests are protected in the process, most courts will appoint a guardian ad litem or attorney ad litem to review the claim and any settlement to assure that the result is in the child’s best interests.
Military Personnel – An Exception to the Statute of Limitations
If a member of the military is injured by someone else’s negligence, such as in a car wreck, the statute of limitations may be “tolled” (extended) for a period of time. Specifically, the statute of limitations is tolled for the period of time the injured person is in active service or on active duty.