The Statute of Limitations dictates your deadline to file a lawsuit. To determine the statute of limitations in a Dallas pedestrian accident lawsuit, there are several facts to consider:
- Whether or not the victim survived the car accident
- Whether the defendant is a government entity
- Whether any exceptions may apply to your case
In Most Cases, You Have Two Years
In general, the statute of limitations is two years. You need to either file a lawsuit or risk losing your legal right to do so.
In accidents where the victim eventually died, more time may be allotted. For example, if someone is severely injured and succumbs three months later due to those injuries, then the statute of limitations would not begin to “toll” (or start ticking) until their death.
Is it Ever Shorter Than Two Years?
In accidents where the defendant is a government entity, then your Dallas pedestrian accident lawyer would have six months in which to file a notice of claim. Notably, in some instances against government entities, it may be even less than six months. Two examples of a pedestrian accident lawsuit against a government entity would be if the victim were hit by a police vehicle or a school bus.
Do any Exceptions Apply to My Case?
There are exceptions to the Statute of Limitations. Pursuant to Chapter 16 of the Texas Civil Practice and Remedies Code, if the pedestrian who was injured is under 18 years old or is “of unsound mind,” it does not begin to run until the victim either turns 18 or becomes mentally competent. Another exception is– if the driver who allegedly hit the pedestrian leaves the state of Texas for a period of time after the accident– the clock will pause until that person returns.
You Do Not Have to Fight This Battle Alone
Our personal injury attorneys in Dallas at the Reyes Browne Reilley Law Firm strongly recommend that you hire an attorney to represent you if you have been injured in a pedestrian accident. An experienced attorney will be able to ensure that you meet all deadlines, file the paperwork on time, communicate with insurance companies, and begin investigating the accident.
Contact us for a free consultation
At Reyes Browne Reilley, we have been representing Texans for 30 years. We are proud to say that we have earned nearly $1 billion in settlements on behalf of our clients and a 98 percent client success rate.
If you or a loved one has been injured in a pedestrian accident, call Angel Reyes & Associates 24 hours a day to arrange your free consultation. There are no upfront legal costs because we work on a contingency-fee-basis.