It’s always a good idea to act sooner rather than later when it comes to personal injury claims. This is due to the fact that there is something called the “statute of limitations.” This only allows you a certain amount of time to file a lawsuit. In Texas, your allowed two years from the moment of injury (or the discovery of said injury), assuming the case is regarding injuries to a person. The statute of limitations gives plaintiffs a strick time period in which they can bring their lawsuits. This is used to protect defendants, so they don’t end up getting sued years later.
Exceptions to the Statute of limitations
When it comes to your personal injury claim, there are two crucial exceptions to the statute of limitations. The discovery rule, and tolling. You may be able to use the discovery rule when you cannot link your injury to a specific date. For example, someone diagnosed with mesothelioma might not know when exactly they were exposed to asbestos fibers. However, they might know that the factory they use to work at often used asbestos. They can’t link their injury to a specific date, but they can link it to their employer. Mesothelioma takes time to develop, and the court realizes not all injuries are readily apparent. The discovery rule is used so those who didn’t know they were injured, can still seek justice for the harm that was done to them.
Tolling is an exception that allows plaintiffs to extend the statute of limitations, under specific circumstances. Examples are if the plaintiff is incompetent during the time they were able to sue, or the plaintiff was a minor.
Two years might sound like more than enough time to file a lawsuit, but the truth is, putting together a successful lawsuit takes a lot of time. Attorneys need time to investigate, gather information, depose witnesses, and much more. Because of this, victims looking to file a suit should contact a lawyer as soon as possible.
Wondering the Worth of Your Personal Injury Case?
After a personal injury accident, your top priority should be recovering. Not trying to figure out which damages you may be eligible for and determining the value of your claim on your own. Consult a Texas personal injury lawyer from The Law Giant, Personal Injury & Accident Lawyers.
To find out how much your personal injury claim is worth, contact The Law Giant right away. You can count on us to investigate your situation and ensure you secure the fair compensation you deserve. To schedule a free, initial evaluation of your case, contact us today at (866) 523-4167.
