As a Georgia injury lawyer with a statewide practice, I often handle cases involving issues for out of State clients. One of the Texas personal injury attorney that we work with, the Grossman Law Offices, PC, and I got to talking the other day about the Statute of Limitations and how they differ for each state.
As it turns out, the Texas Statute of Limitations for injury cases is generally two years, much the same as Georgia. TEX. CIV. PRAC. & REM.CODE ANN. § 16.003 Texas has the same rules that allow minors to reach the age of majority before the clock begins to run. It does not appear that Texas has the tolling provision that we currently have in Georgia where a Plaintiff in a case stemming from a crash with a traffic citation or a crime has the two years plus the days it takes for the ticket or criminal case to be resolved.
Georgia and Texas medical malpractice requirements are somewhat similar in that in Georgia, the medical expert affidavit must be attached to the complaint while in Texas, the plaintiff must supplement an expert report within 120 days of filing a lawsuit or their claim will be barred. Texas wrongful death lawyers are apparently loathe to touch these cases if the plaintiff is close to the deadline.
In Texas, when it comes to injuries from prescription drugs, the plaintiff’s window to bring the claim starts to run when the plaintiff knew or should have known about the drug’s harmful side effects.
Another place where Texas is similar to Georgia is in the field of the statute of limitations for worker’s compensation law. In Texas, the injured worker must notify their employer that they were injured within 30 days of the date of injury or they are barred from pursuing a claim. That is also true in Georgia. In Georgia, you must also file your form WC-14 complaint within one year of the last medical treatment.
Remember that if you have a personal injury or workers compensation claim, your claim is subject to these statutes of limitations and missing them is deadly. Be sure to call and speak to a lawyer and don’t just “google” an answer.