It’s always a good idea to act sooner rather than later when it comes to personal injury claims. This is due to the fact that there is something called the statute of limitations. This only allows you a certain amount of time to file a lawsuit. In Texas, you’re allowed two years from the moment of injury (or the discovery of said injury), to file a lawsuit. The statute of limitations gives plaintiffs a strick time period in which they can bring their lawsuits. This is used to protect defendants, so they don’t end up getting sued years later.
Exceptions to the Statute of limitations
When it comes to your personal injury claim, there are two crucial exceptions to the statute of limitations. The discovery rule, and tolling. You may be able to use the discovery rule when you cannot link your injury to a specific date. For example, someone diagnosed with mesothelioma might not know when exactly they were exposed to asbestos fibers. However, they might know that the factory they use to work at often used asbestos. They can’t link their injury to a specific date, but they can link it to their employer. Mesothelioma takes time to develop, and the court realizes not all injuries are readily apparent. The discovery rule is used so those who didn’t know they were injured, can still seek justice for the harm that was done to them.
Tolling is an exception that allows plaintiffs to extend the statute of limitations, under specific circumstances. Examples are if the plaintiff is incompetent during the time they were able to sue, or the plaintiff was a minor.
Two years might sound like more than enough time to file a lawsuit, but the truth is, putting together a successful lawsuit takes a lot of time. Attorneys need time to investigate, gather information, depose witnesses, and much more. Because of this, victims looking to file a suit should contact a lawyer as soon as possible.
San Antonio Personal Injury Attorneys
Personal injury attorneys have seen the devastation caused by personal injury due to the negligence or reckless behavior of another person or entity. An experienced personal injury attorney in San Antonio can assist you in evaluating your claim and getting the compensation you need and deserve. Villarreal and Begum have extensive experience in personal injury cases. For a free evaluation, call The Texas Law Guns today. You can visit us at our offices in San Antonio, Brownsville, and McAllen, or message us online.