How Long Do I Have to File a Personal Injury Claim?

Time Limits to Filing a Personal Injury Claim

All states have a specific deadline for filing a personal injury lawsuit, referred to as the “statute of limitations” (SOL). Texas employs a 2-year statute of limitations which begins running the day of the injury. Minor victims technically have until their 20th birthday.

While the statute of limitations can sometimes be extended/tolled in rare circumstances, if you attempt to file a lawsuit with the court after the SOL has run, it will almost certainly be summarily dismissed.

If you’re trying to negotiate a settlement but your claim is still unresolved six months out from the 2-year statute, it’s absolutely critical that you consult with an attorney as soon as possible. The insurance company has no responsibility to inform you of the law, and will often intentionally delay claims past the SOL in an attempt to escape liability entirely.

Even though you technically have two years to file a lawsuit in Texas, it’s always better to pursue a claim as soon as possible in order to give yourself the best chance of success.

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