If someone has harmed you due to carelessness, it might feel like you have legal options for compensation and justice at any point. Unfortunately, you can only take civil action within a specific time frame. This window is called the statute of limitations, and one role your lawyer has is helping you understand how these limitations affect your case. Failure to meet a crucial deadline in a Texas personal injury case may mean that your opportunity for compensation may evaporate completely, no matter how compelling your evidence.
In Laredo, Texas, most personal injury cases result from traffic crashes; however, you still have rights regardless of the type of accident. In this article, we break down Texas’s injury claim deadlines, explain a few key exceptions, and show how the Laredo personal injury attorneys at Carabin Shaw protect your rights before your window closes. Read on to learn more and contact our law firm to book your free consultation.
Understanding Personal Injury Filing Deadlines in TexasYou typically have two years from the “cause of action” to file a claim, according to the Texas personal injury statute of limitations. In most cases, this cause is typically associated with an accident, such as a car crash, a slip and fall, or a work-related incident. Even if your injuries are valid and lasting, the court is likely to dismiss your case if you miss this personal injury claim deadline.
Why Do Statutes of Limitation Exist?Time limitations exist as part of court procedure to safeguard defendants from prejudices that might arise from delays. For instance, you wouldn’t want to defend yourself against an accusation about something that happened thirty years ago. Among other problems, evidence will have likely deteriorated.
What Are Exceptions to the Rule?Texas law recognizes several situations where the civil suit filing deadline may be extended:
These exceptions can be complex, and courts interpret them narrowly. An experienced Laredo attorney helps determine whether your case qualifies for consideration.
The Discovery Rule: When the Injury Isn’t Immediately ObviousTexas also recognizes the “discovery rule,” which may apply when an injury isn’t apparent at first. When this rule applies, the statute of limitations begins to run when the injury is discovered (or reasonably should have been discovered).
Example: Discovery Rule in ActionA Laredo resident slips on a spill at a grocery store, suffering what he believed was a minor back strain. Months later, he was diagnosed with a spinal disc injury directly tied to a fall. Because the injury wasn’t reasonably detectable until later, the discovery rule allowed him to pursue a claim even after the two-year mark from the accident.
Still, the rule doesn’t apply automatically. You’ll need an accident lawyer in Laredo TX, to argue that a reasonable person could not have known the full extent of the injury earlier.
Why Acting Fast Strengthens Your CaseThe longer you wait to contact an attorney, the harder it becomes to collect key evidence. Surveillance footage isn’t stored, accident scenes change, and witness memories fade. Insurance companies also tend to question claims that aren’t reported promptly.
Speak with an Experienced Lawyer at Carabin Shaw | No Upfront Costs, Call Today to Schedule Your FREE CASE REVIEW!Our law firm understands that this process can be overwhelming, and our legal guidance offers peace of mind. With decades of experience, our team consistently delivers meaningful results, and our client reviews demonstrate the trust we’ve earned. Other benefits to our services:
After suffering from a serious accident in South Texas caused by another, the support of a Laredo TX personal injury lawyer cannot be overstated. Let us help you make a timely case to ensure you receive the compensation you deserve.
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