How Long Do I Have to Bring a Personal Injury or Wrongful Death Action in Texas?


If you or a family member has experienced a serious injury due to the wrongful and/or negligent acts of another party – or if a family member has died from such acts – your first impulse may not be to reach out to a lawyer to discuss bringing a lawsuit. There can be a lot of reasons for this. Maybe you feel overwhelmed with the tasks of getting the medical attention that is needed, or the emotional stress and trauma that follow an accident, or both. Maybe you don’t think you have a winnable case. Maybe you think talking to a lawyer will be a hassle or an annoyance. Maybe you are afraid of causing drama by even talking about a lawsuit. But usually people who have been injured by another eventually realize that paying for the costs of a serious injury can affect their lives dramatically, and it only makes sense to work with a compassionate, experienced personal injury who can confidently guide them to the proper and just recovery they deserve under the law. The only question is whether it is too late to actually pursue the legal recovery to which they are entitled to in a Texas personal injury or wrongful death action.

The Statute of Limitations in Texas for Personal Injury and Wrongful Death

Under the Texas rules of civil procedure, a personal injury victim has two years from the date of the injury to file a lawsuit against the responsible defendants. In a wrongful death action, the plaintiffs – who are the family members who were financially and/or emotionally dependent on the person who died as a result of the defendant’s actions – have two years from the date that the family member died to file suit.

There are special rules in Texas for certain types of personal injury suits which can provide for a longer period in which to file suit. With personal injury cases resulting from exposure to asbestos and silica, where the injuries generally do not manifest until many years later, the timeline is tied to when a victim becomes aware of his injuries, and such persons should speak with an attorney about the specific requirements for bringing suit. Also, when a person suffers personal injury as a result of sexual assault or abuse, the victim has five years from the date of injury to bring suit.

Do Not Hesitate to Talk to a Texas Personal Injury Lawyer

Having several years to bring a lawsuit might make it seem like you can take your time in reaching out to a lawyer, but while you will still have a right to bring a lawsuit even if you wait a year or more, waiting makes actually winning maximum compensation more challenging. When you reach out to a compassionate, experienced personal injury attorney immediately or soon after an accident, your attorney will have more resources available to collect the relevant evidence (including eyewitness testimony, medical evidence, and physical evidence from the accident scene) to best build your case for a speedy and full financial recovery.

Work With Experienced Dallas Personal Injury Attorneys

The Kelley Law Firm PC in Dallas, TX represents the rights of personal injury victims and family members of those killed wrongfully. We have successfully recovered numerous 7-figure settlements and verdicts on behalf of our clients, and are passionately committed to obtaining the maximum financial recovery that our clients deserve. Contact us today to schedule a consultation regarding your personal injury or wrongful death matter.

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