In San Antonio, Texas, you generally have two years to file a San Antonio motorcycle accident lawsuit, based on the state’s statute of limitations. However, there are factors that can alter this timeline.
General Statute of Limitations
The statute of limitations in Texas generally provides two years from the date of the accident for injured victims to file a personal injury lawsuit. This clock generally starts on the day of the accident, giving accident victims until the second anniversary of their accident to file a San Antonio personal injury case.
Purpose of the Statute of Limitations
The statute of limitations serves many purposes, including:
- Providing certainty for the parties and the justice system, giving a clear deadline by which a case must be filed
- Encouraging prompt legal action
- Avoiding a flood of cases in the court’s docket
- Promoting fairness by requiring claimants to bring forth their claims while evidence is available and memories are fresh
Consequences of Missing the Deadline
Failing to take legal action before the statute of limitations can have permanent and irreversible consequences. If you miss the statute of limitations, you will likely lose your chance to recover compensation for the damages you suffered, such as medical expenses, lost wages, and pain and suffering. If you file a lawsuit after the deadline, the defendant can ask the court to dismiss your case, and it will likely oblige due to the untimely filing. The court would refuse to hear your case, regardless of how strong the evidence is.
Exceptions to the Statute of Limitations
While the general statute of limitations gives you two years to file a lawsuit, there are some exceptions. For example, the statute of limitations can be tolled during a victim’s minority, beginning when they reach the age of majority. If the claimant lacked mental capacity to manage their affairs, the statute of limitations can be paused until the victim’s capacity is restored. The time period for filing can also be paused if the at-fault party left the state of Texas.
An experienced personal injury attorney can review your case and explain the deadline that applies, based on your particular situation.
Why Prompt Action Is Critical After a Motorcycle Accident
Filing before the statute of limitations is critical to protect your right to recover compensation for the damages that you suffered. Additionally, you don’t want to delay in taking action. A lawyer will need to begin work immediately on your case to:
- Visit the accident scene and take pictures
- Collect evidence, including broken motorcycle parts, medical records, and accident reports
- Interview witnesses while their memories are fresh
- Send spoliation of evidence letters to prevent evidence from being destroyed
- Take pictures of your injuries as they heal
- Request traffic camera or surveillance camera footage from nearby traffic cameras or businesses
Contact George Salinas Injury Lawyers for Legal Help Determining Your Case’s Deadline
The legal team at George Salinas Injury Lawyers can review your particular situation and determine the filing deadline. They can also begin a prompt investigation into your case and begin building a solid personal injury claim. Contact us today for a free case review.