Learn More About The Statute of Limitations
It can be difficult to deal with the effects of injury. Sometimes, it can require hospital visits, multiple doctor consultations, even rest for a significant chunk of time. You may be thinking to yourself, “I should have a lot of time to recover compensation. I can just wait until I’m better.” However, if you wait too long, the window for filing a claim may pass.
If you’re wondering what’s the deadline for filing a claim, we’ve got you covered. In this article, we’ll talk about the statute of limitations and its practical applications.
If you want to talk about your case, you can ask our experienced personal injury attorney at Leeds Law Firm. Call our Houston personal injury law firm today.
What is the Statute of Limitations?
The statute of limitations is a law that effectively gives a deadline for filing certain claims. If you file past that deadline, your case will likely be thrown out.
What is the Statute of Limitations for Texas Personal Injury Claims?
Most personal injury claims in Texas have to be filed within two years from the date that the action accrues. What does this mean? An action accrues from the date when you should have realized that you sustained an injury. This is typically the date when the injury happens, but there are some exceptions.
What are the Exceptions to the Statute of Limitations?
While exceptions are granted on a case-to-case basis, here are some of the more common reasons for granting exceptions:
- Asbestosis and silica-related claims
- Certain maritime claims
- Claims against first-party automobile insurance
- Some medical malpractice claims
- Cases where the discovery rule applies
- Sex crimes against adults
- Cases where minors are involved
What is the Discovery Rule?
Sometimes, certain injuries won’t show up by the time the two-year deadline passes. This where the discovery rule comes into play. Now, instead of the clock ticking from the date of the injury, the two-year limit is counted from when the injury should have been discovered.
What is the Medical Malpractice Exception?
The two-year limitation usually applies to medical malpractice. But, here in Texas, there’s also something called “tort reform” which makes it harder to file a medical malpractice case and limits when exceptions can be made. And, there’s another rule called the “statute of repose” which means that even kids under 18 can’t file a case more than 10 years after the incident. So, it’s really important to talk to a lawyer as soon as you can if you think you have a medical malpractice case, so they can explain what rules apply to your situation.
When Should I File My Claim?
The answer: as soon as possible Two years can seem a long time. However, your attorney can need time to investigate your claim and collect evidence. If you wait too long, even the most skilled attorney could have a hard time building your case.
If you’ve been injured from someone else’s negligence, that means you should talk to an attorney as soon as you can. Our experienced attorneys at Leeds Law Firm can help you! Call us today to schedule a consultation.
Call our Houston Personal Injury Attorney Today!
If you have been injured in an accident, it is understandable that you may be experiencing a range of emotions, including confusion and stress, as well as financial losses. It is important to recognize that you are not alone in this situation and that appropriate legal representation can assist you in securing the compensation you are entitled to.
At Leeds Law Firm, our team of seasoned attorneys possesses a wealth of experience in successfully representing clients in personal injury cases. We are committed to working diligently to ensure that you receive just compensation for your injuries.
Upon contacting our office, we will take the time to fully understand the details of your case and develop an effective strategy that maximizes your chances of a favorable outcome. Our attorneys will handle all necessary paperwork and negotiations with insurance companies, allowing you to focus on your recovery.
We understand that each case is unique, and thus we take a personalized approach to every case we handle. We will work closely with you to create a plan that aligns with your specific needs and goals, keeping you informed every step of the way.
If you have been injured in an accident, it is important not to delay in seeking legal representation. Contact our Houston-based personal injury attorney at Leeds Law Firm today, and allow us to assist you in obtaining the compensation you are entitled to.