Important Deadlines You Can’t Miss
When you’ve been hurt in an accident, your whole life can be turned upside down. You may be unable to work, or you may require extensive medical attention. Your injuries may cause chronic or substantial pain, making it impossible to perform the simple tasks of daily life. You may even have to give up many of the things you loved to do before your accident due to your injuries or the pain they cause.
When you suffer any kind of loss because of someone else’s wrongful act, you have the right to seek full and fair compensation. Even though your injuries may make it difficult to focus, you need to pay close attention to the time that elapses. That’s because you must file any legal action within a specific period of time, as set forth by the Texas statute of limitations.
An experienced Texas personal injury lawyer will know exactly what to file and when it needs to be filed. That’s one of the reasons you want to retain proven counsel as soon as possible after your accident. In addition, your attorney can help with the following:
- Gathering and preserving critical evidence
- Ensuring that you don’t do or say anything to potentially compromise your claim
- Advocating on your behalf with insurers to see that you get the benefits to which you’re entitled
- Getting you needed medical care
What Is the Statute of Limitations?
The statute of limitations is a written law, enacted by a legislative body, that sets forth the amount of time a person or entity has to file a lawsuit based on specific events. The length of time established by the statute of limitations varies depending on the type of lawsuit filed. In Texas, the statute of limitations for personal injury cases is two years from the date of the accident, with limited exceptions.
What Is the Purpose of the Statute of Limitations?
The statute of limitations provides a number of tangible benefits in a personal injury lawsuit:
- It increases the likelihood that pertinent evidence will be available at trial. Over time, memories fade, and witnesses may relocate or die. In addition, physical evidence can deteriorate or disappear. The statute of limitations minimizes the potential for the loss of evidence.
- It reduces the risk of overloading courts with stale claims, and it encourages plaintiffs (injured parties) to move their claims forward.
- It ensures that defendants don’t have potential lawsuits hanging over their heads for an unreasonable period of time.
Can the Statute of Limitations Be Suspended?
Yes. In Texas, as in many states, the discovery rule may apply to “toll” (suspend) the statute of limitations if you have an injury that’s not obvious immediately after the accident. This rule holds that the two-year-period established by the statute of limitations for personal injury does not start to run until the injured person either actually discovers their injury or should have discovered the injury through the exercise of reasonable diligence.
Often, injuries suffered in an accident may not be apparent for days, weeks, or even months. If the plaintiff was unaware of the nature of their injury and could not have discovered it through reasonable diligence, the statute of limitations may be suspended. It’s important to understand, though, that under no circumstances may a medical malpractice lawsuit be filed more than 10 years after the date of injury. Furthermore, in any claim against a governmental body in Texas, notice of the action must be given within 45 days of the injury.
What Happens If You Miss the Deadline Established by the Statute of Limitations?
As a general rule, if you fail to file a lawsuit before the statutory period expires, you will lose your right to file a claim. If you do file a lawsuit after the deadline, the defendant will likely file a motion to dismiss the case or a motion for default judgment.
At the law offices of Bailey & Galyen, we bring more than 40 years of experience to individuals in Texas and nationwide who have suffered any type of personal injury. Since the inception of our practice, we have recovered hundreds of millions of dollars in settlements and verdicts for people who have suffered losses because of the negligence of others.
We will protect your rights throughout the process, from the filing of your claim through trial and on appeal, if necessary. Contact us by email or call our offices to schedule a free initial consultation with a proven personal injury accident lawyer. Our phones are answered 24 hours a day, seven days a week.
