One of the most important rules you can know after being involved in a personal injury incident is the statute of limitations, which establishes critical timelines for taking legal action. Failing to meet this statute of limitations can have a devastating impact on your case. An experienced injury lawyer in San Antonio can review your case and explain the statute of limitations to you.
What Is the Statute of Limitations?
Statutes of limitations are time limits by which an affected party must take legal action. Statutes of limitations exist in both criminal and civil cases. For example, the prosecutor may be required to file criminal charges within a specific time period after a crime has been committed. In civil cases, the statute of limitations is the time limit within which a lawsuit must be filed after legal grounds arise.
Under Texas law, the statute of limitations for most personal injury cases is two years from the date of the incident that caused the injury.
Missing the Statute of Limitations Is Usually Game Over
If you don’t file a lawsuit within the applicable statute of limitations, you can be time-barred from seeking justice and compensation through the civil court system. If you file a lawsuit after two years, the defendant can file a motion to dismiss the case, and the court will likely grant it, regardless of how strong your case is.
There are several public policies that explain why statutes of limitations are enforced, including encouraging claimants to file timely legal action that is backed by more reliable evidence that has not been lost or altered due to the passage of time, and not wanting defendants to feel like there is a potential legal claim hanging over their heads indefinitely.
Exceptions to the Statute of Limitations in Texas for Injury Cases
There are some situations where you might have extra time to file, such as:
- The victim was a minor: In cases involving minor victims, the statute of limitations is tolled or paused until the victim reaches the age of adulthood, 18. This gives minor victims until their 20th birthday to file a lawsuit.
- The plaintiff is mentally incapacitated: If the plaintiff is legally incapable of managing their own affairs due to mental incapacitation, the statute of limitations can be paused until they regain capacity.
- The defendant leaves Texas: If the defendant leaves the state’s jurisdiction, the statute of limitations is tolled until they return to the state.
- The defendant committed fraud: If the defendant has actively concealed the cause of action through fraud or deceit, the statute of limitations may have been extended once the fraud is discovered or reasonably should have been discovered.
Each of these exceptions carries its own unique set of challenges and requirements, so it’s essential to work with a skilled San Antonio car accident attorney.
Contact Us to Discuss the Time Limit That Applies to Your Case
Understanding the statute of limitations is essential if you are considering filing a lawsuit after suffering a personal injury. The experienced personal injury attorneys at George Salinas Injury Lawyers can carefully review your case, determine the applicable statute of limitations, and assess whether any exceptions apply. Contact us today by calling 210-225-0909 for a free case review.