Personal injuries can have a devastating impact on your life, causing physical impairments, severe financial setbacks, and emotional distress. To ensure that you receive the compensation you deserve, act quickly and file a personal injury lawsuit within the “statute of limitations.” This legal deadline is the time frame within which you must file your claim. Otherwise, you risk having your case dismissed.
As Attorney Robert White knows all too well, many people injured in accidents that weren’t their fault lose out on fair compensation because they waited too long to file. To avoid missing the deadline, it’s essential to understand the statute of limitations and any exceptions that may apply to your case. If you have been hurt, you deserve to receive the necessary benefits, and keeping the following information in mind will help you avoid future penalties on your claim.
About the Statute of Limitations
The phrase “statute of limitations” is used so often in T.V. crime dramas that you likely already know what it means. Put simply, the statute is the deadline by which a lawsuit or charge must be filed, and missing this deadline usually means the case will be dropped.
The statute of limitations in personal injury cases begins the day the injury was sustained. While specific duration will vary from state to state, Texas law allows two years to begin a personal injury lawsuit. If the claim is submitted after this two-year period, it will be thrown out of court.
Extending the Statute of Limitations
As with most laws, there are some exceptions to the statute of limitations. You can specifically extend the statute past the official deadline in personal injury cases if the following occurs:
If the defendant in a personal injury case leaves town, you can have the statute of limitations extended. Any amount of time that the defendant was outside the state may be used to extend the deadline. However, keep in mind that it may be difficult to prove in court that a defendant skipped town.
Known as the “discovery rule,” you may be able to extend the statute of limitations if you did not know you were injured or did not know who specifically had caused the injury.
Other extensions are possible if the plaintiff was a minor at the time of the injury or was otherwise handicapped, disabled, or mentally ill. Most states will commonly allow for these particular extensions.
If you’re unsure if an exception applies to your case, it’s best to consult a personal injury attorney.
Avoid Missing the Deadline with Attorney Robert White
Far too many cases each year are not filed soon enough after an accident. As a result, claims are dismissed and many people are left without compensation for devastating accidents. To avoid this fate, contact us as soon as you suffer a personal injury.
The Braker White legal team is dedicated to helping residents of the greater Odessa area with their personal injury cases. If you have any questions about filing a personal injury claim or would like to schedule a case review, contact Braker White today.
Don’t let the statute of limitations pass you by without receiving the compensation you deserve.