Carabin Shaw is one of the leading personal injury law firms in San Antonio. They have extensive experience in car accident cases, focusing on getting clients the compensation they deserve for medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, truck accident injury, 18-wheeler accidents.
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How Long Do You Have to File a Personal Injury Lawsuit: Understanding Statutes of Limitations
Time is one of the most critical factors in any personal injury claim. The law doesn’t allow victims to wait indefinitely to file a lawsuit. That’s why understanding the statute of limitations is crucial. If you’ve been injured in San Antonio, knowing your legal deadlines could make the difference between securing compensation and losing your right to recover entirely. At Carabin Shaw, we help injured clients file claims within the legally allowed timeframe and ensure that no deadline is missed. Got Injured In An Accident – CALL SHAW
What Is the Statute of Limitations?
A statute of limitations is the legal deadline by which a person must file a lawsuit after suffering harm. These deadlines vary depending on the type of case, the state where the injury occurred, and even the parties involved. If you try to file a lawsuit after this deadline, the court will almost certainly dismiss your case, no matter how valid your claim is.
Texas Statute of Limitations for Personal Injury
In Texas, the general statute of limitations for personal injury lawsuits is **two years** from the date of the accident or injury. This deadline applies to most personal injury cases, including:
– Car accidents
– Truck and 18-wheeler collisions
– Motorcycle accidents
– Slip and fall injuries
– Workplace injuries (when not covered by workers’ comp)
– Dog bites or animal attacks
– Assault or intentional harm
Failing to act within two years typically bars you from pursuing compensation in court.
Exceptions to the Rule
While the two-year limit applies broadly, some exceptions may pause or extend the deadline. These include:
– **Minors or incapacitated persons:** If the victim is under 18 or mentally incapacitated, the clock may not start until legal adulthood or capacity is regained.
– **Discovery rule:** In some cases, injuries may not be immediately apparent. The statute may begin when the injury is discovered or should have been discovered with reasonable diligence.
– **Government liability:** If your injury involves a government entity (like a city bus or municipal building), you must file a notice of claim within **6 months** of the incident, not 2 years.
Why Time Matters in a Personal Injury Case
Even if you think you have plenty of time, it’s never wise to delay. Evidence can fade, memories can change, and witnesses may become harder to contact. Quick legal action helps preserve evidence, build a strong case, and improve your chances of a favorable outcome.
Insurers also take claims more seriously when they’re filed promptly. Waiting too long can give the impression that your injuries weren’t serious or that you’re trying to manipulate the process.
What Happens If You Miss the Deadline?
Missing the statute of limitations almost always results in your case being thrown out. This means:
– No compensation for medical bills, lost income, or pain and suffering
– No ability to hold the responsible party accountable
– Closure and justice denied
There are very few exceptions to this rule, and courts are strict in enforcing these timelines. If you’re unsure how much time you have left, speak to an attorney immediately.
Carabin Shaw Protects Your Rights from Day One
Our San Antonio personal injury attorneys act fast to file all necessary documents and meet all legal deadlines. We understand the importance of timing, and we never let a strong case go to waste due to a missed statute of limitations.
From the moment you contact our firm, we’ll begin investigating your case, gathering evidence, and identifying any applicable deadlines. We also notify the proper parties and ensure claims are preserved through strategic legal filings.
What You Can Do Right Now
– **Don’t wait.** Time moves faster than you think, especially when you’re dealing with medical appointments and recovery.
– **Contact a lawyer.** An experienced personal injury attorney will know precisely how much time you have left and how to act quickly.
– **Preserve evidence.** Gather medical records, police reports, witness contact info, and photos from the scene.
– **Avoid signing anything.** Don’t accept a quick settlement or sign waivers until you’ve had a lawyer review them.
Time isn’t just money—it’s your legal right to seek justice. Don’t let a deadline rob you of the compensation you deserve. If you or a loved one has been injured in San Antonio, contact Carabin Shaw today for a free consultation. We’ll evaluate your case, explain your legal timeline, and help you take the right steps before it’s too late.
