When your world is turned upside down by a severe medical crisis, understanding your legal rights becomes as crucial as your treatment and rehabilitation plans. Many Texas injury victims are unaware that state law establishes firm deadlines for filing compensation claims. Known as a statute of limitations, these timelines wait for no one, regardless of your pain or recovery progress.
The Texas catastrophic injury attorneys at Dortch Lindstrom Livingston Law Group have guided countless clients through these challenging legal waters. With multiple offices throughout the state, including Dallas, Houston, Fort Worth, Plano, and Bryan, we provide the sharp expertise necessary to stay on top of the time-sensitive claims process while you focus on healing.
Texas Statute of Limitations for Catastrophic Injury Claims
You have a considerable number of concerns after experiencing severe medical issues due to someone else’s negligence. However, it’s crucial to understand how loud the clock is ticking on how long you have to begin a case. The courts strictly enforce these deadlines and rarely make exceptions, even for the most grave injuries. Let's examine the key timing requirements that affect your case.
The Standard Two-Year Deadline
In Texas, most of these claims fall under the general personal injury statute of limitations, giving victims two years from the date of the injury to file a lawsuit. This deadline applies whether you've suffered a traumatic brain injury, spinal cord damage, extensive burns, or other catastrophic injuries.
When the Clock Starts Later
The discovery rule may extend this deadline if you couldn’t have reasonably known about your injury immediately. For example, if you developed a serious medical condition from long-term chemical exposure at an industrial or on a construction worksite, the clock might start when you received your diagnosis rather than during the exposure period.
Special Rules for Minors
There are many stipulations to this statute. When a child suffers a serious injury, the two-year statute of limitations is “tolled”—which means the deadline doesn't begin until their 18th birthday and gives them until the age of majority—which in Texas is 20—to file a lawsuit.
However, different rules may apply in medical malpractice cases involving minors. For instance, if the injured party is under 12 years old, their parents have until their 14th birthday to file a claim. The claim for economic and non-economic damages might differ as well. During your initial consultation, our experienced team at Dortch Lindstrom Livingston Law Group will explain all the details step-by-step so you feel confident in your next course of action.
Government Claims Exceptions
Filing claims against government entities in Texas have significantly shorter deadlines. If your injury resulted from government negligence, you’re required to file a formal notice of claim within six months or less of the incident, depending on the specific government unit involved.
Why Statutes of Limitations Exist
Statutes of limitations serve important purposes in our legal system, balancing the rights of injury victims with broader societal interests. Over time, crucial evidence can deteriorate or disappear entirely. Similarly, witness memories fade or become less accurate with passing time, potentially threatening your case.
The Texas legislature established these deadlines to provide defendants with reasonable certainty about potential legal liabilities. Without time limits, individuals and businesses would face indefinite exposure to lawsuits, making insurance coverage and business planning extraordinarily difficult.
From a practical standpoint, catastrophic injury cases typically produce better outcomes when filed promptly. Insurance companies and opposing counsel often view delays negatively, potentially interpreting them as weakness in your case.
5 Steps in Filing a Texas Catastrophic Injury Lawsuit
Once our attorneys have a chance to review your case, we waste no time moving through several crucial steps to establish it. Here’s a brief overview of the process:
- Medical treatment and documentation. This forms the foundation of your case. Before filing a lawsuit, you need comprehensive medical records establishing your injuries, treatment plans, and long-term prognosis. For catastrophic injuries, this may involve multiple specialists, extensive testing, rehabilitation programs, and more.
- Investigation and evidence gathering. Dortch Lindstrom Livingston Law Group conducts detailed investigations, which may include accident reconstruction, consulting with experts, interviewing witnesses, and analyzing medical records.
- Pre-litigation negotiation. This often precedes formal lawsuits. Our attorneys prepare a demand package detailing your injuries, liability arguments, and compensation demands. Insurance companies typically take 30–90 days to evaluate these demands and respond.
- Filing the lawsuit. We also prepare formal legal documents that comply with Texas court requirements. This document must be filed within the two-year statute that relates to your particular case, even if negotiations are ongoing.
- Discovery and litigation. These follow the initial filing and can extend for months or even years, especially for complex catastrophic injury cases. Two years might seem like a long time, but starting the process earlier gives your legal team more time for thorough preparation.
Remember: each day that passes brings you one day closer to the statute of limitations deadline. Taking action now protects your legal rights and positions your case for the best possible outcome during this challenging time. You can count on our catastrophic injury lawyers to shoulder the legal burdens so you can prioritize your recovery.
