You often hear that the statute of limitations in Texas for personal injury cases is two years. While it might sound like a long time, that time can pass fast. In most cases, if you don’t file your suit in that time, you forfeit your right to sue for the damages associated with that incident. There is a strictly enforced limit on the amount of time that can pass between the underlying harm and the filing of a lawsuit over the incident. In most cases, your case will be dismissed if you file after the deadline has been passed. It does not matter how badly you were hurt, or how clear the defendant’s liability may be. However, there are expectations that could allow some people to extend the statute of limitations.
What Are The Exceptions?
Different states have different exceptions. In Texas, under the Civil Practice and Remedies Code section 16.001, it states that if a person is “under a legal disability,” the time of the disability is not included in the two-year period of limitations. An example of this is if the victim was under the age of 18 at the time of the incident. In this case, you might able to ability to file a suit, after you turn 18. Another exception is if the person was declared “of unsound mind” at the time of the incident. For example, if you were unresponsive or unable to communicate after a car accident, for an extended period of time, you could still file your suit after recovering.
Sometimes the defendant will try and leave the state or conceal themself to avoid taking responsibility. In this case, the statute of limitations only applies after you discover who is responsible for your damages. If you are unsure if these exceptions apply to you, speak to a personal injury attorney.
Missing Your Filing Deadline
Just because you think your case qualifies for a deadline, doesn’t mean you should wait. These exceptions can be complicated, and your case might not meet the qualifications. Find a lawyer as soon as possible. The sooner you file, the better. The longer you wait, the harder it becomes to prove your damages. The decision to wait might cost you your lawsuit.
San Antonio Car Crash Lawyer.
Have you or a loved one been in a serious car crash and suffered injuries? If so, you should contact an experienced Personal Injury attorney. Villarreal and Begum is a local San Antonio firm that will fight to get you the compensation that you deserve. We serve clients all across Texas with offices in San Antonio, McAllen, and Laredo. We are available day and night to take your calls. Call or contact us via our website. The Law Guns will fight for you.