What is the statute of limitations for a personal injury case ( food poisoning) in Texas?

Asked almost 2 years ago - Houston, TX

My daughter and a friend were served bad tuna in a Houston, TX restaurant.

Attorney answers (7)

  1. 10

    Lawyers agree

    Answered . The statute of limitations in Texas for personal injury cases is generally two years for injured adults. If your daughter was a minor when the negligence occurred, the statute of limitations would expire two years after her eighteenth birthday.

    It would be wisest for your daughter (or you, if she is a minor) to contact a Houston personal injury attorney for a consultation about pursuing a claim. You can contact me or my legal staff at 800-634-8042.

    This information is general in nature and is not legal advice for your specific situation. No Attorney-Client... more
  2. 7

    Lawyers agree

    Answered . The standard statute of limitations in Texas for personal injury is two years. This two year limitation would apply to either a negligence case concerning the handling of the food in question OR a products theory concerning what you were sold. If you were served "bad tuna" you would still need to have suffered damages that justify bringing a claim. There are a lot of great lawyers in your area of Houston who will give you a free consultation to determine your rights. Since you are asking about limitations, you should probably take action as soon as possible to preserve your rights. I hope this was helpful.

    This answer and all answers and information I provide on Avvo are intended to provide general information only and... more
  3. 7

    Lawyers agree

    Answered . I agree that the Statute of Limitation (SOL) is two-years from the date of injury for personal injury in Texas, including food poisoning. The caveat that I would add is that if your daughter is a minor, you as her parent have the legal claim for reimbursement of any related medical costs, and the SOL for YOUR claim for the medical expenses begins running on the date of injury. Again, assuming your daughter in a minor, then her claim for general damages (i.e. other than medical bills, such as pain and suffering) begins running when she turns 18.

    Typically however if a settlement is reached on a minor child's claim it is done within two-years of the date of injury, both for medical expenses and general damages such as pain and suffering. Depending on the size of the settlement, the money due to the minor child may be put away until the child is at least 18-years old.

    Good luck with your case. Food poisoning cases can be tricky. I handled a food poisoning wrongful death case in Houston several years ago.

  4. 8

    Lawyers agree

    Answered . Texas personal injury is 2 years.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. 5

    Lawyers agree

    Answered . 2 yrs with the statute running from the 18th birthday...file before age 20.

  6. Answered . The limitations period is 2 years, but it is wise to pursue it well before that before evidence such as restaurant employees start to disappear (leave for other jobs and can't be found) or memories start to fade.

  7. Answered . In Texas negligence cases must be brought within 2 years. Food poisoning cases can be difficult cases. Please consult with an experienced personal injury attorney. Good luck.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Statute of limitations for personal injury cases

Statutes of limitation for personal injury cases exist in all 50 states. The exact lengths vary by state, but are often a few years.

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