When you or your children are injured due to the negligence of another, filing a personal injury lawsuit may be your best option. Whether it’s a car accident, a dog bite or a premises liability case, a lawsuit is a chance to get back what you’ve lost. But there are restrictions you need to be aware of and they can be different when your children are involved.
The statute of limitations
Let’s say another driver makes a mistake and crashes into you, or the owner of a store allows an unsafe condition to exist while you’re shopping. When someone else is negligent, and their negligence causes you an injury, Texas gives you the right to sue them so that you can be made whole again.
However, you can’t wait around forever before filing a personal injury lawsuit. Known as the statute of limitations, Texas requires you to file your suit within 2 years from the date of your injury. If you don’t file within that time, you lose the right forever.
When children are involved
The statute of limitations gets more complicated when it’s your child who is injured. Generally, the 2-year requirement doesn’t begin until your child turns 18 years old. As an example, if your child was bitten by a dog at age 13, the law might give you a total of 7 years to file the suit.
The tricky part is that the actual time allowed for children depends on what sort of damages you are seeking. Hospital bills, for instance, might be the parent’s claim rather than the child’s – and the parent would have to file within 2 years. But other types of damage might only belong to the child, which allows for more time.
Whether it’s you or your child who is injured, speak to a professional who is experienced in personal injury cases. They can answer your questions and help ensure that your case is handled properly and within Texas’s restrictions.