Personal Injury Statutes of Limitations
When someone’s negligence or recklessness causes an accident, the injured parties may wish to file a personal injury lawsuit. Through a personal injury lawsuit, it may be possible to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
However, it’s important that accident victims understand that they have a limited window, called the statute of limitations, to file a lawsuit.
At G.R. Akin, P.C., G.R. (Randy) Akin and Greg Burton are familiar with personal injury statutes of limitations for Longview, TX, and surrounding areas. If you have been injured and want to discuss whether your case falls within the statute of limitations, we welcome you to schedule a consultation.
What Is a Statute of Limitations?
A statute of limitations in a personal injury case is essentially the deadline established from the date of an injury for filing a lawsuit.
The statute of limitations sets the maximum number of years after an incident that parties have to begin legal proceedings.
How Long Is the Statute of Limitations in Texas?
The statute of limitations for Longview injury victims is established by Texas law as two years from the date of the accident causing the injury. In other words, someone injured in an accident needs to file a personal injury lawsuit no later than two years after the date of the accident.
What Extends the Statute of Limitations?
Although the statute of limitations in the state of Texas is two years, there are some situations in which the statute of limitations may be extended.
- Under legal disability: The statute of limitations for those who are “under a legal disability” at the time of the accident causing their injuries usually doesn’t start until the legal disability is over. A legal disability in Texas includes being under 18 or of unsound mind. In such situations, the statute of limitations will usually begin running once the injured party is 18 or mentally competent.
- The defendant leaves Texas before the lawsuit is filed: The statute of limitations may be paused if the defendant, the person accused of causing the injuries, leaves the state of Texas after the accident but before the lawsuit can be filed.
What Happens if You Miss Filing Within the Statute of Limitations?
Filing a personal injury lawsuit after the statute of limitations has passed typically results in the case being dismissed by the court.
Once the case is dismissed, it won’t be possible to recover damages for injuries even if the defendant’s liability is certain or the injuries are severe.
Contact the Attorneys of G.R. Akin, P.C.
If you have been injured in an accident caused by someone’s negligence and want to seek damages, it’s important to speak with an attorney as soon as possible to begin legal action before the statute of limitations runs out. If you would like the attorneys of G.R. Akin, P.C. to review your case, please call our Longview law firm at (903) 297-8929 or contact us online.