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Is There Any Time Limit to File a Personal Injury Lawsuit?

If you’ve suffered a personal injury and it was the fault of a second person or party, not your own. You may be eligible to sue for the damages you incurred. However, it’s important to note that there are statutes of limitations for personal injury cases. You should be aware of what they are in your state before you try to file a complaint. If you’ve suffered a personal injury, but it’s been a little while, and you’re not sure what to do?  Here’s a quick guide.

What Is a Statute of Limitations?

Simply put, a statute of limitations is a rule put in place that forbids someone from coming forward and launching a legal suit as a result of a specific incident or crime after a specific time. These statutes of limitation may be lower for an incident like medical malpractice, but there is no statute of limitations for murder. That means that the family or estate of a murdered individual may file suit at any time, even after 15 or more years.

The “Discovery Rule” as it Relates to the Statute of Limitations

There is a rule called the “Discovery Rule” that could extend the statute of limitations. The Discovery Rule extends the filing deadline for a complaint. Only if the individual did not know and had no reasonable basis for understanding that they suffered an injury, or that the defendant in question’s actions could have caused the injury. So, for instance, if you work in a workplace that had an asbestos problem that went unchecked by building owners, but you did not develop an injury until many years later, this may qualify for an extension of the statute of limitations under the Discovery Rule.

Other Extensions to the Standard Statute of Limitations

There are other instances in which the standard statute of limitations for a personal injury case may be extended. Typically, this statute of limitations is two years after the date of injury. This may depend on the state in which you file. The statute of limitations may extend if you leave the state right after the injury occurs or if you were a minor at the time of the injury.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless and you can rely on us to pursue full compensation for you.

  • You can trust our attorneys to be compassionate and professional.
  • We will fight hard to obtain a fair settlement for you.
  • Our firm represents the injured and families who have lost a loved one due to the negligent acts of others.
  • We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, and pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
  • We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.