Statute of Limitations in Houston Catastrophic Injury Cases

Every legal proceeding in the Lone Star State has a filing deadline established by state law. Missing that deadline almost always prevents someone from pursuing their claim at all. However, not all personal injury claims are the same, and the time limit set by the statute of limitations may be more than a procedural requirement. This is especially true when an injury is expected to have lifelong consequences.

The statute of limitations in Houston catastrophic injury cases is strictly enforced by the state’s civil courts, so understanding and complying with it will be essential to getting fair financial restitution for the immense harm you have suffered. Here is a brief overview of the rules Texas law sets in this regard, what circumstances may allow you to step around those rules to some degree, and what our experienced catastrophic injury attorneys can do to help you build a strong claim as quickly as possible.

What State Law Says About Filing Deadlines for Catastrophic Injury Claims

Texas Civil Practice & Remedies Code §16.003 is the section of state law that sets the general filing deadline for all personal injury cases in Houston, including ones built around catastrophic injuries with life-altering repercussions. According to this statute of limitations, you have two years from the date your cause of action accrues to identify the person or people to blame for your injury and formally file a complaint against them in civil court.

It is worth mentioning here that there is no deadline governing when a personal injury lawsuit must end after it is initially filed, and you can still agree to a private settlement even after formally filing suit, so long as the agreement is struck before a civil judge renders a final verdict on your case. That said, if you fail to file suit before this two-year deadline expires, you will have very little chance of negotiating a settlement afterwards, since you would not be able to sue if the other party refuses to negotiate in good faith.

Are There Any Exceptions to the Statute of Limitations?

Strictly speaking, there are no circumstances under which you can ignore the statute of limitations for a Houston catastrophic injury lawsuit, nor are there any scenarios where the statute of limitations would not apply to a case at all. However, the two-year filing period for this type of claim starts when your cause of action accrues, which is not necessarily the date on which your injury occurred.

For instance, if a child under the age of 18 suffers a catastrophic injury through someone else’s negligence, the two-year filing period for that child to sue on their own behalf does not begin until their 18th birthday, regardless of when they were actually hurt. The starting point for the statute of limitations can also be tolled in this way if you could not reasonably have discovered your injury for a certain period of time after it first occurred.

A Houston Attorney Can Further Explain the Statute of Limitations for Catastrophic Injury Cases

Of course, those two examples above are not an exhaustive list of every situation where the statute of limitations in Houston catastrophic injury cases might differ from the norm. In general, though, two years is a head deadline, and that can be a very small window of time in which to build a comprehensive claim.

Working with skilled legal counsel can streamline the entire legal process and help ensure that neither this nor any other legal hurdle keeps you from obtaining the restitution you deserve. Call today to learn more.