When you have suffered physical, emotional, and financial harm as a result of someone else’s negligence, you have a right to file a personal injury claim. However, when personal injury claims don’t produce a fair settlement for an injured person, filing a personal injury lawsuit is the next step.
The key difference in personal injury claims and lawsuits is that lawsuits are impacted by the statute of limitations. All states have a set statute of limitations that enacts a time limit allowed to file a lawsuit. The Texas statute of limitations is a two-year statute that starts from the date of the accident.
The entire purpose of having a statute of limitations is to keep the courts from being bogged down with old cases as well as to allow fair pursuit of compensation for injured parties while the evidence is still fresh. Indeed, it benefits you to take legal action as soon as possible. You should avoid missing this time limit as it can prevent you from seeking compensation and losing out on the money you deserve.
What every personal injury victim should know is that there are exceptions to the statute of limitations, though meeting those exceptions may be difficult without the help of a personal injury attorney. Angel Reyes & Associates is a Texas-based personal injury law firm committed to representing the legal rights of victims. In this blog post, we discuss the exceptions for the two-year Texas statute of limitations and how a personal injury attorney can help.
What Happens If You Miss the Statute of Limitations in Your Injury Claim?
When you have a personal injury claim, time is of the essence to file your case before the statute of limitations runs out. With the Texas statute of limitations, the time limit is meant to urge victims to file their lawsuits promptly. Fresh evidence has a better chance of supporting a case, and it will also mean that victims will get the compensation they need more quickly.
Under Texas law, if you miss the statute of limitations, you’ll be barred from making your legal claim in any civil lawsuit, from a car accident to a slip and fall. It’s essential that you know when these limitations begin and end to recover your losses from the responsible party. Only certain exceptions to the statute of limitations are acknowledged by the state, and they don’t apply in every case.
Therefore, you should take the necessary steps to file your lawsuit as soon as possible. If the exceptions don’t apply in your case, you’ll lose your chance to recover compensation.
Exceptions to the Texas Personal Injury Statute of Limitations
In some personal injury cases, the statute of limitations may have an exception that allows you to carry on the legal process even if you missed the deadline. Here’s a look at when the limitations period may have exemptions:
Wrongful Death
The statute of limitations on wrongful death claims allows family members of a victim who died from serious injury the chance to file a lawsuit. While the time limit is two years, as it is for most personal injury cases under the law, the clock starts ticking only after the victim dies.
In a wrongful death case where the victim doesn’t die immediately, potentially living months or even years after the initial injury, this is an exception that an injury lawyer can help grieving families pursue.
Discovery Rule
Another exemption to the statute of limitations is when an injury isn’t discovered immediately or isn’t immediately apparent. For example, when a patient discovers they have a hidden injury that was missed. It’s usually obvious if you have broken bones, but some injuries may not be initially found in the first examination. While this rule typically applies in cases involving malpractice, it can happen in other scenarios.
Sexual Assault
In cases that involve the sexual abuse of children, the Texas House Bill 3809 states that the statute of limitations in Texas is 15 years. However, for cases that involve aggravated sexual assault, forced prostitution, human trafficking, or adults, there’s a five-year statute of limitations.
Mental Incapacitation
Anyone who becomes mentally incapacitated as a result of their injuries can toll or stop the statute of limitations deadline temporarily until they regain their mental competence.
Minors
When a personal injury accident happens to someone under the age of 18, the statute of limitations in Texas does not start running until their 18th birthday. They will then have two years from that date to take legal action for their injuries.
Maritime Claims
If you suffered a personal injury at sea, speak with an attorney. Your case could be impacted by federal laws or state laws. An attorney can determine the applicable statute and help you file before the statute of limitations runs out.
Missing Defendant
This exception recognizes that it isn’t fair to a plaintiff when a defendant in a lawsuit either cannot be located or leaves the state. The statute of limitations clock will be tolled until the defendant has been found.
Defects of Construction
Any defects in construction allow for an extension of the statute of limitations when they’re caused by an interior designer, architect, landscape architect, surveyor, or engineer, providing you with up to ten years to file your lawsuit.
When an Injury Occurred Due to the Government
Cases that involve the state or local government have a different issue with the statute of limitations. You will be required to file a notice of claim and submit it within 180 days following your injury, as well as file your lawsuit within a two-year timeframe.
In cases involving a legal disability, fraudulent concealment, and other issues that may impact a case, these common exceptions may allow for an extension of time. Since prompt civil action is always encouraged, it’s best to speak with an attorney familiar with the area of case law that concerns you to learn whether this rule applies and discover your legal options.
Why It’s Important to Hire a Personal Injury Attorney for Personal Injury Cases
The time after an injury occurred is always a challenging time for victims. These injuries can be exceedingly painful and hinder your enjoyment of life. Trying to get a settlement from the insurance company for the full extent of your financial losses can make it even harder for you to work on healing.
When you work with a personal injury lawyer, you’ll have someone who understands the time limits and filing deadlines. They will work to investigate and gather evidence in your case, an integral step, particularly if you were transported from the scene of the accident to the hospital.
In cases where matters are even more complicated, an attorney will have the resources to hire experts to reconstruct the accident, testify about your medical condition, and explain to the court how your injuries have disrupted daily life. They will know how to leverage this information and negotiate to get you what’s fair.
Most attorneys offer a free consultation that allows you the opportunity to learn more about your case and see if any of the exceptions to the statute of limitations apply. It’s important to understand that these exceptions aren’t available for all cases, and the sooner you can file your lawsuit, the better off you will be.
You’ll want to have an advocate who’s well-versed in Texas laws and how they can impact your case. Contact Angel Reyes & Associates’s Texas offices to schedule one of these free initial meetings.
