Each state limits the time injury victims have to file a lawsuit through a law known as the statute of limitations. In Texas, the law typically gives only two years from the date of the accident to file a personal injury lawsuit in court. If you fail to file your lawsuit by the deadline, your right to pursue compensation from the at-fault party will most likely be eliminated. You will also lose the upper hand in out-of-court settlement negotiations with the at-fault party and their insurers.
This strictly enforced law exists for several reasons. First, as time goes on, evidence can deteriorate or disappear, which can compromise a jury’s ability to come to a fair and just decision. Second, it encourages injured parties to bring their claim sooner than later, sparing defendants from the never-ending threat of a lawsuit. Third, it prevents courts from being inundated by years-old cases.