Is There a Deadline for Filing a Texas Personal Injury Claim?

January 27, 2023

Learn More About The Statute of Limitations

It can be difficult to deal with the effects of injury. Sometimes, it can require hospital visits, multiple doctor consultations, even rest for a significant chunk of time. You may be thinking to yourself, “I should have a lot of time to recover compensation. I can just wait until I’m better.” However, if you wait too long, the window for filing a claim may pass.


If you’re wondering what’s the deadline for filing a claim, we’ve got you covered. In this article, we’ll talk about the statute of limitations and its practical applications.


If you want to talk about your case, you can ask our experienced personal injury attorney at Leeds Law Firm. Call our Houston personal injury law firm today.

What is the Statute of Limitations?


The statute of limitations is a law that effectively gives a deadline for filing certain claims. If you file past that deadline, your case will likely be thrown out.


What is the Statute of Limitations for Texas Personal Injury Claims?

Most personal injury claims in Texas have to be filed within two years from the date that the action accrues. What does this mean? An action accrues from the date when you should have realized that you sustained an injury. This is typically the date when the injury happens, but there are some exceptions.


What are the Exceptions to the Statute of Limitations?

While exceptions are granted on a case-to-case basis, here are some of the more common reasons for granting exceptions:

  • Asbestosis and silica-related claims
  • Certain maritime claims
  • Claims against first-party automobile insurance
  • Some medical malpractice claims
  • Cases where the discovery rule applies
  • Sex crimes against adults
  • Cases where minors are involved


What is the Discovery Rule?

Sometimes, certain injuries won’t show up by the time the two-year deadline passes. This where the discovery rule comes into play. Now, instead of the clock ticking from the date of the injury, the two-year limit is counted from when the injury should have been discovered.


What is the Medical Malpractice Exception?

The two-year limitation usually applies to medical malpractice. But, here in Texas, there’s also something called “tort reform” which makes it harder to file a medical malpractice case and limits when exceptions can be made. And, there’s another rule called the “statute of repose” which means that even kids under 18 can’t file a case more than 10 years after the incident. So, it’s really important to talk to a lawyer as soon as you can if you think you have a medical malpractice case, so they can explain what rules apply to your situation.


When Should I File My Claim?

The answer: as soon as possible Two years can seem a long time. However, your attorney can need time to investigate your claim and collect evidence. If you wait too long, even the most skilled attorney could have a hard time building your case.


If you’ve been injured from someone else’s negligence, that means you should talk to an attorney as soon as you can. Our experienced attorneys at Leeds Law Firm can help you! Call us today to schedule a consultation.


Call our Houston Personal Injury Attorney Today!

If you have been injured in an accident, it is understandable that you may be experiencing a range of emotions, including confusion and stress, as well as financial losses. It is important to recognize that you are not alone in this situation and that appropriate legal representation can assist you in securing the compensation you are entitled to.


At Leeds Law Firm, our team of seasoned attorneys possesses a wealth of experience in successfully representing clients in personal injury cases. We are committed to working diligently to ensure that you receive just compensation for your injuries.


Upon contacting our office, we will take the time to fully understand the details of your case and develop an effective strategy that maximizes your chances of a favorable outcome. Our attorneys will handle all necessary paperwork and negotiations with insurance companies, allowing you to focus on your recovery.


We understand that each case is unique, and thus we take a personalized approach to every case we handle. We will work closely with you to create a plan that aligns with your specific needs and goals, keeping you informed every step of the way.


If you have been injured in an accident, it is important not to delay in seeking legal representation. Contact our Houston-based personal injury attorney at Leeds Law Firm today, and allow us to assist you in obtaining the compensation you are entitled to.

A motorcycle has crashed into a car on the side of the road.
December 26, 2024
Motorcycle accidents are sudden, traumatic events that can leave victims feeling overwhelmed and unsure of their next steps. In the aftermath of such an incident, the clock starts ticking on critical factors that could significantly influence the outcome of any subsequent legal case. The first 48 hours after a motorcycle accident are pivotal in determining whether you will secure fair compensation for your injuries and damages. From disappearing evidence to insurance company tactics and medical documentation, each element plays a crucial role in building a strong case. At Leeds Law Firm in Houston, Texas, we understand the importance of acting swiftly and decisively during this critical window, ensuring that your rights are protected and your case is as robust as possible. Evidence Collection The aftermath of a motorcycle accident is often chaotic and fraught with confusion. It’s precisely this period where collecting critical evidence becomes paramount. Physical evidence at the scene can quickly disappear or lose its relevance over time due to weather conditions or tampering. Skid marks on the road may fade away; debris might be cleared; even witness memories can become less reliable as time passes. It's essential to document everything as soon as possible—taking photographs of the scene, noting down any visible damage to vehicles involved, environmental conditions at the time of the accident, and obtaining contact information from potential witnesses who may have seen what happened. Medical Documentation Equally important within these first 48 hours is obtaining thorough medical documentation regarding any injuries sustained in the accident. Even if you feel fine immediately afterward, some injuries—particularly internal ones—may not manifest symptoms until days later. Seeking prompt medical attention not only ensures your health is prioritized but also creates an official record linking your injuries directly to the accident. This documentation is invaluable when presenting your case to insurance companies or in court, serving as concrete proof should disputes arise about when and how injuries occurred. Insurance Companies Insurance companies are known for their strategies aimed at minimizing payouts following accidents. Without immediate action on your part—or better yet, with guidance from a knowledgable personal injury attorney—they may attempt to exploit delays or gaps in information gathering to their advantage. Some tactics include pressuring victims into quick settlements before they fully understand their injury implications or suggesting that delays indicate lesser severity or questionable validity of claims. Being aware of these strategies enables you to make decisions more effectively without falling prey to manipulative practices. Witness Statements Witnesses are crucial in substantiating accounts of what occurred during an accident. Their statements offer unbiased perspectives that can reinforce your version of events against conflicting claims from other parties or insurance adjusters, particularly those who were not present at the incident (e.g., drivers denying fault). To safeguard against memory fade and misinterpretations, it is vital to gather detailed eyewitness statements as soon as possible after the accident, ideally within two days. This ensures an accurate portrayal of facts, maintaining the credibility of your position throughout the entire process. Prioritizing the integrity of these accounts should not be underestimated or overlooked. Avoid Costly Mistakes Engaging attorneys early can prevent costly mistakes while maximizing compensation potential long-term benefits. Consulting with legal advisors as soon as feasible makes it easier to avoid missteps that may compromise your case down the line, such as giving recorded statements without understanding their full implications or signing away rights unwittingly during negotiations. Experienced attorneys know precisely what evidence and documentation are necessary to build a winning argument in motorcycle accident cases, and they will work to ensure you receive fair treatment and compensation for your suffering. In conclusion, the importance of the first 48 hours following a motorcycle accident cannot be overstated. Acting swiftly to document evidence, seek medical attention, and consult with legal advisors sets the foundation for a strong case. By understanding the tactics employed by insurance companies and preparing accordingly, you can safeguard your rights and maximize the potential compensation for your injuries and damages. Engaging with a dedicated law firm like Leeds Law Firm ensures that you have the experienced guidance needed during this critical period. Remember, protecting your future starts with the actions you take immediately after an accident.
November 21, 2024
Facing discrimination in the workplace can be an overwhelming and demoralizing experience, especially when it relates to a disability. The laws are designed to protect everyone’s right to fair treatment, yet violations still occur. If you’re dealing with such challenges in Houston, Texas, understanding your rights and knowing how to assert them is important. This is where an employment attorney from Leeds Law Firm can make all the difference. With knowledge in handling disability discrimination cases, they can guide you through the legal maze and help secure the justice you deserve. ADA & Texas Labor Code Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of their disability. This could manifest in various ways—such as failing to provide reasonable accommodations, harassment based on disability, or even wrongful termination. The Americans with Disabilities Act (ADA) and Texas Labor Code Chapter 21 are key legislations that protect against such injustices. However, navigating these laws without guidance can be overwhelming for individuals unfamiliar with legal jargon and procedures. Initial Assessment A seasoned employment attorney from Leeds Law Firm brings a wealth of knowledge about local and federal laws concerning disability rights. They begin by evaluating your situation comprehensively to determine if any violations have occurred. This initial assessment often involves gathering evidence, reviewing company policies, and consulting relevant documentation like emails or performance reviews that support your case of discrimination. Best Course of Action Once there’s clarity on the nature of the discrimination faced, your attorney can advise on the best course of action tailored specifically to your situation. Options might include negotiating directly with your employer for appropriate remedies or filing a complaint with Equal Employment Opportunity Commission (EEOC). In Houston's diverse professional landscape, having a seasoned advocate who understands both local nuances and broader legal frameworks is invaluable. Litigation If negotiations fail to yield satisfactory outcomes or if your case warrants further escalation due to its severity or complexity, an attorney becomes indispensable in representing you during litigation proceedings. They will craft compelling arguments supported by robust evidence aimed at securing favorable judgments whether through settlements or court verdicts. Someone On Your Team Beyond legal representation itself lies another crucial aspect—emotional support throughout what is often a stressful journey battling workplace discrimination alone versus having someone knowledgeable fighting alongside empowers individuals not just legally but emotionally too! Attorneys serve dual roles: navigating technicalities while also offering reassurance amidst uncertainty within any form of adversity involving personal dignity and respect deserved doe everyone of differing abilities. Navigating the complexities of disability discrimination in the workplace can be an overwhelming endeavor without guidance. Leeds Law Firm stands ready to support employees in Houston, Texas, ensuring their rights are protected and their voices heard. By seeking the assistance of a knowledgeable employment attorney, you gain an ally fighting for your legal entitlements and a source of encouragement and reassurance during a challenging time. Their comprehensive approach—from initial evaluation to potential litigation—ensures that you are equipped with the necessary tools to pursue justice and reclaim a sense of empowerment in your professional life. Confronting discrimination is about your personal battle and contributing to fostering a more inclusive workplace for all.
October 24, 2024
In the city of Houston, where rideshare services have become integral to urban mobility, understanding the differences between regular car accidents and rideshare accidents is crucial. As convenient as these services are, they introduce unique legal challenges when accidents occur. For Texans who find themselves entangled in a rideshare accident, knowing how rideshare accident claims differ from traditional car accident claims can be important. We want to highlight some differences so the next steps can be handled confidently. Insurance Coverage Complexities One of the most significant differences between regular car accidents and rideshare accidents lies in insurance coverage complexities. In a typical car accident involving two private vehicles, each driver's personal auto insurance policy usually covers damages up to their policy limits. When a rideshare vehicle is involved, multiple insurance policies may come into play depending on the status of the driver at the time of the accident (i.e., whether they were waiting for a ride request, en route to pick up passengers, or transporting them). Rideshare companies like Uber and Lyft provide contingent liability coverage that supplements or replaces a driver's personal insurance under certain conditions. Understanding these layers is vital for victims seeking compensation. Determining Liability Liability determination becomes more complex with rideshare accidents compared to regular car crashes. While traditional vehicle collisions typically involve assessing fault between drivers based on traffic laws and eyewitness accounts, rideshare incidents often require additional scrutiny due to corporate involvement. The responsibility might not solely rest on the driver but could extend to potential negligence by the company itself regarding driver screening or vehicle maintenance protocols. Investigating liability thoroughly with legal knowledge can significantly impact case outcomes. Legal Procedures and Documentation Navigating legal procedures after a rideshare accident requires meticulous documentation that surpasses what is generally needed for standard car accidents. Victims must promptly obtain detailed records such as digital ride receipts and app usage data alongside conventional evidence like police reports and medical records. This information helps establish timelines and verify claims about whether a driver was actively engaged with their app during an incident—an aspect critical for pursuing appropriate compensation from corporate insurers. Challenges in Claim Resolution Claim resolution tends to be more challenging in rideshare accidents due to potential disputes over overlapping coverages among involved parties' insurances (driver's personal insurer vs company-provided coverage) coupled with possible delays inherent within large corporations handling numerous claims simultaneously across various jurisdictions including our busy road network. Engaging a seasoned attorney familiar with both local regulations and national precedents concerning shared-economy transportation litigation can expedite resolutions while ensuring fair settlements reflective of all incurred losses ranging from medical expenses through lost wages to property damages. Role of Technology in Evidence Collection Technology plays an increasingly pivotal role when dealing with rideshare related collision cases versus ordinary vehicular mishaps primarily due to its ability to offer verifiable real-time data essential corroborating witness testimonies establishing sequences leading up to events surrounding any given crash scenario. From GPS tracking logs detailing exact locations and times involved parties met impacted areas right down potential accelerometer readings indicating sudden stop-starts, technological inputs bolster arguments substantiate victim narratives which enhances overall credibility before insurers and courts. While the rise of rideshare services like Uber and Lyft has transformed urban transportation in cities like Houston, it has also introduced complexities in the event of accidents. Regular car accidents and rideshare accidents differ significantly in terms of insurance coverage, liability determination, and the legal processes involved in seeking compensation. Understanding these differences is crucial for those affected by rideshare accidents. By being aware of the unique challenges these cases present and engaging experienced legal assistance, victims can navigate the complexities and ensure they receive fair and adequate compensation. As technology continues to enhance evidence collection, staying informed about the evolving landscape of accident claims in the rideshare sector is more important than ever.
September 26, 2024
Wrongful Termination Laws in Houston: Employee Rights and Legal Recourse
August 29, 2024
Why You Need an Attorney After an Auto Accident
August 1, 2024
Understanding Overtime Violations & How an Attorney Can Help
By Jacques Leeds June 27, 2024
If you've suffered a personal injury in Texas, determining your entitled compensation can be complex. Factors such as medical expenses, lost wages, and pain and suffering all play a role. At Leeds Law Firm, our experienced attorneys will help you navigate these complexities, gather necessary evidence, and build a strong case to ensure you receive the compensation you deserve. Contact us today for a consultation and take the first step towards recovery.
April 26, 2024
Denied Houston Auto Claim? Get Legal Help Today! A denied claim can throw your life into turmoil, leaving you with mounting medical bills and repair costs you thought your insurance would cover. This is where a Houston auto accident attorney can help you. Knowing you have rights and options is essential during such a challenging […]
April 24, 2024
Unlocking Compensation: Validating Your Claim Are you wondering if you can seek justice for a loved one’s passing? Discover the key to valid wrongful death claims in Texas. When a tragic loss occurs due to someone else’s actions, navigating the legal path can be overwhelming. Seeking guidance from a Houston wrongful death attorney is crucial.  […]
April 24, 2024
How does gender discrimination affect your career and personal life in Houston? Unfortunately, facing unequal treatment at work because of your gender is a reality for many Houstonians. If you suspect you’re being discriminated against, a Houston discrimination lawyer can be your advocate. These legal professionals understand the complexities of employment law and can help […]
More Posts
Share by: