What is the statute of repose for a brain injury case?

In Texas, the statute of repose for a brain injury case is two years from the date of the injury. This means that if a person suffers an injury due to another person’s negligence that results in a brain injury, they have two years from the date of the injury to file a claim in civil court. The statute of repose is meant to protect defendants from being held responsible for injuries that have occurred a long time ago, as memories and evidence can become clouded over time. There are a few exceptions to the two-year statute of repose for brain injuries in Texas. If the injured person was a minor (under 18 years old) at the time the injury occurred, they are allowed to wait until they turn 18 before they file a claim. Additionally, if the injury was not discovered until after the two-year period is up, the plaintiff will be given an additional two years from the date of discovery to file their claim. In general, it is always best to begin the legal process as soon as possible after an injury has occurred. This will ensure that evidence and witnesses are still available and can be used in the case. If a brain injury claim is filed after the statute of repose has expired, it is unlikely that the case will be successful. If you think you may have a claim for a brain injury, it is important to contact a lawyer immediately to discuss your options.

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