The amount of time you have to file a personal injury lawsuit or a wrongful death claim in Fort Worth is limited, just as it is throughout the state of Texas.
Typically, if you have been hurt in a car, bus, truck, or other type of accident, you have two years to file a claim in court. If you fail to settle your case or to file your case in court before the two-year statute of limitations expires, you are unlikely to ever recover damages for your accident injuries.
Why is There a Time Limit on Filing Personal Injury Lawsuits in Texas?
The statute of limitations exists to provide certainty to all involved parties—that the opportunity for litigation (if you are the plaintiff) or threat of litigation (if you are the defendant) can’t go on forever. If you try to file a lawsuit after the two-year statute of limitations has expired, the court may quickly dismiss your case, and the insurance company or defendant will be under no legal obligation to compensate you for your injuries.
It is important to note, however, that in some situations, the two-year statute of limitations may be extended. For example, the statute of limitations may be different if you were a minor at the time of the accident, and your parent or guardian failed to file a claim, or you were mentally incompetent when you were hurt. Other exceptions may also apply.
Filing Your Injury Lawsuit Earlier Can Be Advantageous
While Texas law allows you two years to file a case after a Fort Worth personal injury accident, there are advantages to pursuing a claim sooner—specifically, more evidence may be available right after a crash. The sooner you start your case, the sooner you may recover damages.