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Personal Injury Claims and the Statute of Limitations in Texas

By May 31, 2021 Posted in Personal Injury

You were injured in a serious car crash but wanted to wait for insurance to straighten it out before you filed suit. Months have gone by, and you are still suffering from debilitating physical injuries, are out of work, and have no means of income. You have called the at-fault driver’s insurance adjuster more times than you count and still you have not been made whole for the accident. While it is always better to consult with a personal injury attorney soon after an accident, it is crucial to remember that you have a limited amount of time to file a lawsuit against the insurance company or the defendant. This window of time is called the statute of limitations

What is the Statute of Limitations? 

In Texas, the plaintiff must file a complaint within two calendar years of the date of injury. For example, if the plaintiff was injured in a serious car wreck on February 2, 2020, they have until February 2, 2022 to file a complaint with the court of jurisdiction along with a summons and certificate of service to be served upon the defendant. Of course, there is no waiting period or requirement to seek resolution with the insurance adjuster first. If the plaintiff does wait until the last possible day to file, and a procedural issue prevents her from moving forward, she is out of options and barred from recovery. 

The purpose of the statute of limitations is to file suit when events are recent in the mind, evidence has spoliated (is no longer available), and so that potential defendants are not sued for an occurrence that happened decades ago. In Molina v. Gears, decided in 2018, the Texas 14th Court of Appeals also iterated that service of process upon the defendant must occur within the two-year statute of limitations for the claim to survive. However, cases regarding libel and defamation have a one year statute of limitations (SOL), and breach of contract suits have a four year SOL. Seeking legal advice regarding the viability and procedural aspects of your claim is highly recommended. Our attorneys at Wham & Rogers, PLLC handle your personal injury claim from filing to settlement or trial.

Schedule a Consultation With Wham & Rogers, PLLC Today 

If you  are a victim of another person’s negligence, you are entitled to damages. In order to recover compensation or injunctive relief, you must file a lawsuit within the two-year statute of limitations. It is also important that you adhere to jurisdictional and venue requirements and serve the defendant properly, or you may incur procedural roadblocks. Our attorneys at Wham & Rogers specialize in plaintiff’s litigation. We work tirelessly to ensure you recover the compensation you deserve and are on the road to healing. If retained, we handle every aspect of your case. Do not wait another day for help. Call us today to schedule a consultation.

Contact Us

1095 Evergreen Circle, Suite 204
The Woodlands, TX 77380
Free consultations 24/7
Phone: (832) 592-1108
Text: (832) 413-1428

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