Understanding the Statute of Limitations in Texas Personal Injury Cases
Understanding the Statute of Limitations in Texas Personal Injury Cases
How does the statute of limitation apply to a Texas personal injury case? A statute of limitation is a law that puts a time limit on your right to pursue a case or file a lawsuit. When you suffer any kind of injury or harm, you can file a case against the other party but within a certain time frame. Once you miss the deadline, you won’t be able to pursue the matter anymore. Each state and government has set its deadline for different categories of cases. Therefore, it is a better practice to know about these limitations before going ahead. Most people are unaware of the limitations in Texas personal injury cases and it proves to be a big disadvantage. Such people are not only physically harmed but also miss out on the chance of getting justice.
When you face an accident, time can seem to stand still. You are focused on your injuries, getting your cars or vehicles repaired, and dealing with insurance companies. Amongst all these tasks, one important thing that is often missed is filing a lawsuit. It is the most crucial thing to do but is mostly forgotten by many individuals. However, once time passes, there will only be regret and you won’t get a second chance. For this reason, it’s important to know about rights and statute of limitations regarding all sorts of cases, especially the ones related to personal injuries.
It is reported that there were a total of 5,333 fatal work-related injuries in 2019 which was higher than that in 2018. Under such conditions, it is of utmost importance to fight legal battles for your rights.
The Need of Knowing the Limitations in Texas Personal Injury Cases:
The statute of limitation encourages people to file for cases within a certain period so that the matter is handled appropriately. For most cases in Texas, the duration is set to two years from the date of injury. Let’s say that someone faced an accident in February 2018. This means that they can file a complaint till February 2020. After that, no civil court will take or register a complaint. Of course, this duration can change with time and circumstances, maybe in some special cases, the duration is extended to a couple more years. Still one should try to take charge of the matter as soon as possible because delaying the case could result in victims losing their right to recover.
If you don’t watch the clock, the situation might get worse and you may have to face multiple problems. This duration doesn’t always start from the day of the accident. In various cases, courts consider the time from when you became aware of your injuries. That is why it is common practice to get a medical examination as soon as possible. A timely examination saves you a lot of hassle in the long run and helps you analyze the seriousness of the situation. Those who are not educated regarding these matters tend to make irreversible mistakes.
An Exception to the Time Limitations:
As told earlier that under special circumstances, time limitations in Texas personal injury cases can be effectively extended. In states like Texas or some other areas, the statute of limitation is altered under the following reasons:
- Injuries to minors
- A mentally challenged person was affected
- The defendant is not present within the state due to serious reasons
- Medical condition preventing a person from filing a case
Why Statutes of Limitation Exist?
Thanks to these laws and limitations, people are encouraged to litigate matters before memories of the incident fade out. Moreover, it helps to find evidence before they disappear and puts an end to all kinds of disputes. Without these limitations, both the victim and accused parties would suffer unnecessarily.
Meeting with Lawyers to Gain an Insight:
Meeting an attorney facilitates victims of a Texas personal injury case in deciding on their next move. Not everyone in the world is completely aware of legalities associated with personal injury cases. Under such circumstances, a good lawyer would educate you on deadlines, find the details of your case and provide additional legal support. Hiring counsel at an early stage allows time for out-of-court settlements within the statute of limitations. If another party has caused emotional and physical damage to you then it is your right to fight against their wrongdoing.
Importance of Gaining Immediate Counsel:
By quickly retaining an attorney, people suffer less, especially when the case is related to wrongful death or catastrophic injury. Most of the time, victims are manipulated into recording statements without proper guidance. Never let this happen to you, hire an attorney as soon as possible and protect your rights by understanding these limitations in Texas personal injury cases. With a strong and experienced lawyer by your side, you can surely win your legal battle.
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