Time Limits for Bringing an Injury Case
Doctors like to give injuries time to heal. For example, if you complain of back pain a doctor may tell you to ice it or apply heat, and to come back later if the pain persists.
Lawyers do not have the benefit of taking a "wait and see" approach. In Texas, there is a two year statute of limitations on personal injury cases. This means that a lawsuit must be filed within two years of an accident. While there are exceptions to the rule, any extensions are rare. Most people forfeit their right to legal action after two years.
Taking Early Action: The Best Way to Protect Your Interests
At the San Antonio Law Offices of Tyler & Peery, our attorneys often remind accident victims that time passes quickly. This is especially true because the most effective trial preparation occurs shortly after the accident. Evidence is strongest when skid marks are still left on the road, before damaged cars are repaired and before witnesses' memories fade over time.
If you or a loved one has been injured in an accident, it is critical to begin preparing for litigation right away. Meet with an attorney before you talk to the other side's insurance company. Take pictures. Document injuries. Even if you never go to court, taking early action is the best way to protect your rights.
The Statute of Limitations in Texas Personal Injury Cases
In most cases, you must file a personal injury claim within two years of the accident. However, certain exceptions do apply. For example, in the case of minors the two-year period does not start running until the child turns 18. This exception applies no matter how young the child was when the accident occurred.
Other exceptions apply to people who may have been judged as incompetent for a period of time, either as a result of the accident or for any other reason. If the person who caused the accident (the defendant) was out of state for any length of time your deadline for filing may be extended.
It Is Worth Your Time to Seek Legal Advice
It is always worth talking to a lawyer about your situation — even if you think the statute of limitations may have passed. Initial consultations with our attorneys are free and confidential. You have nothing to lose by asking about the time limits in your case. You may even discover that there are steps that can be taken to help extend the time needed to properly file an injury claim.
Contact the Law Offices of Tyler & Peery As Soon As Possible
At the Law Offices of Tyler & Peery, we begin working on cases as soon as possible to improve your chances of success. To talk with our lawyers about how a personal injury has affected your life, contact us online.