What is the statute of limitations for a brain injury lawsuit?

In Texas, the statute of limitations for a brain injury lawsuit is two years from the date the injury occurred. This means that, if an individual wishes to sue for a brain injury, they must file a lawsuit within two years of it occurring. If a person waited longer than two years to file the lawsuit, then the court may throw out the case. The two-year clock begins at the date of the injury, not necessarily the date the person became aware of the harm. The purpose of the statute of limitations is to ensure that people do not wait too long before filing a lawsuit. The statute of limitations is different from the discovery rule, which states that the limitation period does not run until the injured person discovers or ought to have discovered the injury. This means that if a person did not discover the injury until after two years, they may still be able to file a lawsuit. It is important to note that filing a lawsuit is different from settling or obtaining a verdict in the case. Once a lawsuit is filed, a person still has to go through the process of settling or obtaining a verdict. Depending on the complexity of the case, this process can take anywhere from a few months to a few years.

Related FAQs

Are there any available treatments for a mild traumatic brain injury?
Are mental damages covered in a brain injury lawsuit?
How long does a brain injury lawsuit take?
What is the process for filing an appeal after a brain injury settlement?
How do I find a good brain injury lawyer?
Are brain injury cases difficult to prove?
What factors influence the amount of a brain injury settlement?
What is the role of a brain injury lawyer in a personal injury case?
What is a “loss of consortium” claim?
What should a person with a brain injury do to protect themselves legally?

What is the statute of limitations for a brain injury lawsuit?

Related FAQs

Related Blog Posts