When you suffer an injury because of someone else’s negligent or wrongful conduct, you usually have the right to pursue a personal injury claim. These claims allow you to obtain compensation for the losses you suffered, but it’s important to know that you don’t have an unlimited amount of time to file a lawsuit. If you wait too long, you may lose your chance altogether. By understanding the statute of limitations for personal injury lawsuits in your state, you can avoid this potential problem. (*However, always speak directly to an experienced attorney to obtain the exact deadlines that apply to your potential claims.)
At Terry Bryant Accident & Injury Law, our experienced team of personal injury lawyers can help you meet every deadline while presenting a strong case to help you with compensation. The sooner you begin the process, the sooner you can receive the assistance you deserve.
Don’t wait to protect your right to compensation. Contact Terry Bryant Accident & Injury Law today at (713) 973-8888 or toll-free 1 (800) 444-5000.
What is the Statute of Limitations?
Understanding Their Purpose
Every state has its own statute of limitations for personal injury lawsuits, but what do these laws mean exactly? The statute of limitations refers to how long you have to pursue legal action. Sometimes, people are frustrated by the time limits that these statutes enforce, but there are important reasons why these deadlines apply to so many cases.
One of these reasons is to ensure that no one lives with the threat of legal action hanging over their head for the rest of their life, especially when it comes to civil proceedings. The statute of limitations also works in a time frame that ensures evidence is still available and viable, since it can degrade or get lost if too much time passes. For example, witnesses’ memories may grow foggy, or the witnesses themselves may no longer be able to offer their testimony. Having legal proceedings with shaky evidence could put the defendant in an unfair position and make the process much more difficult for the plaintiff, too.
The statute of limitations also helps prevent the justice system from becoming clogged with old claims. As busy as the courts are, they could be overwhelmed by cases from decades ago if the statute of limitations were not enforced.
How the Statute of Limitations for Personal Injury Claims Works
Each state has the right to impose its own statute of limitations on personal injury claims. Throughout the country, these limitations generally range from one to six years, with two years being the most common. In Texas, for instance, you typically have two years to file, starting on the date of the incident that caused your injuries. (*Always speak directly to an attorney to obtain the exact deadlines that apply to your potential claims.)
In most cases, the statute of limitations takes effect when you sustain an injury because of someone else’s negligent or wrongful conduct. But what if you don’t know you’re injured? If, for example, you were regularly exposed to a harmful chemical that led to the development of cancer, it could take years before you realize you’re sick. This is where the discovery rule comes into play. The discovery rule means the statute of limitations doesn’t start until you realize or should have reasonably realized that you suffered an injury.
If the wrongful conduct is ongoing, the statute of limitations may not start until that behavior stops. This may be relevant to personal injury claims involving intentional acts.
At Terry Bryant Accident & Injury Law, we have more than 35 years of experience representing the people of Texas in a wide variety of case types.
Tolling the Statute of Limitations for Personal Injury Lawsuits
In some instances, it’s possible to toll, or halt, the running of the statute of limitations. For example, if the plaintiff was a minor when the injury occurred, the statute of limitations here in Texas doesn’t start running until they turn 18. An underage plaintiff would not be expected to meet the general two-year rule in Texas, as they wouldn’t have the means or knowledge to hire a lawyer or file a lawsuit.
Similarly, if the plaintiff is mentally incapacitated when the injury occurs, the statute of limitations may also be tolled. The timeline may begin running when they regained their capacity.
The statute of limitations may also be tolled if the plaintiff is in military service or if the defendant leaves the state. The plaintiff needs to be able to serve the defendant with the lawsuit and finding them in another state would pose an undue hardship.
Another instance when the statute of limitations could be tolled is if the defendant concealed what they did. The timeline might then start when their conduct comes to light. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
Why Hiring a Lawyer Is Vital
Personal injury claims can be legally complicated. You may also still be dealing with injuries and emotional trauma because of the defendant’s conduct, making it daunting to fight for your rights on your own.
By hiring a lawyer, you can focus on healing while your legal team does the rest. Not only does this remove some of the weight from your shoulders, but it also protects you from making serious mistakes that impact your claim. Your lawyer will know how to gather the right evidence to support your claim, and they can ensure you meet every deadline. Remember, if you miss the statute of limitations, you could be forfeiting the opportunity to file a lawsuit against the person who caused you harm.
Your lawyer can also handle all of the negotiations and, if it comes to it, the court proceedings. It’s essential not to attempt litigation without having a skilled lawyer by your side.
Get Started on Your Personal Injury Claim Today
Contact Experienced Injury Attorneys
If you have medical bills, have missed days of work, or suffered other losses because of an injury that someone else caused, you may have the right to file a personal injury claim. To get help, to hire an experienced personal injury lawyer in your area.
At Terry Bryant Accident & Injury Law, we provide personalized, compassionate representation to injury victims in Texas. We can evaluate the unique details of your case to determine your best path forward.
Time is of the essence if you’ve been injured in an accident caused by someone else’s negligence. Contact the seasoned legal team at Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 to receive a free and confidential consultation.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
