If you are injured, you have a limited amount of time to take legal action for a San Antonio big rig accident against the party responsible for your injuries, which is generally two years. If you don’t file your lawsuit within the applicable time limit and have not otherwise settled your case by this deadline, you can forfeit your right to pursue compensation for your injuries. Understanding this critical rule is essential to safeguarding your rights.
The Statute of Limitations for Personal Injury Lawsuits in Texas
The statute of limitations is the state law that dictates when legal action must be taken once a cause of action arises. In Texas, the general statute of limitations for filing San Antonio personal injury lawsuits is two years. This statute usually begins on the date after the accident. The statute providing this time limit is in Texas Civil Practice and Remedies Code § 16.003. This law applies to motor vehicle accidents, including car accidents and truck accidents.
Exceptions to the Statute of Limitations
There are some exceptions to the statute of limitations that may provide a longer or shorter time limit to file a personal injury case. The court can grant exceptions for special circumstances, such as:
- The victim is a minor: The court can toll or pause the statute of limitations until the child becomes a legal adult. In Texas, child victims have until their 20th birthday to file a personal injury lawsuit because the statute of limitations is tolled until they reach the age of 18.
- The injury is not immediately discovered: The discovery rule may toll the statute of limitations until the victim discovers or reasonably should have discovered the injury.
- The victim is incapacitated: The statute of limitations begins from the date the incapacitation ends.
- The case involves a wrongful death: In wrongful death cases, the statute of limitations begins from the date of death rather than the date of the accident.
In accident cases involving government agencies, you have as little as 45 days to provide notice of your claim to the relevant government entity.
The Benefit of Filing Your Truck Accident Case Early
Even if you have two years to file a lawsuit, you don’t want to wait too long to take legal action. Witnesses can move, evidence can be lost or destroyed, and memories can fade. It’s best to consult with an experienced personal injury lawyer to protect your rights. Your collision lawyer in San Antonio will need time to investigate your case, gather evidence, and negotiate with the insurance company.
Also, the sooner you contact a personal injury attorney, the sooner they can begin pursuing compensation for the damages you sustained, such as:
- Payment of medical bills
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
Additionally, a delay in pursuing your case can send the message to insurance companies that you don’t take it seriously.
Contact Us for Help with Your Texas Truck Accident Case
You don’t want to forfeit your right to recover compensation or lose strong evidence that can aid your claim. Taking prompt legal action is the best way to protect your rights. Contact George Salinas Injury Lawyers for a free consultation.