After being in an accident or being hurt by someone else’s wrongdoing,
most people are probably not eager to start a lawsuit first thing. And
understandably so. Litigation and legalese can make pursuing compensation
difficult for those unfamiliar with the system. But while rest and recuperation
are certainly encouraged, it is important not to wait too long to take
action against the negligent and liable party. If you do, Texas State’s
statute of limitation for personal injury cases may expire, and you could
be left completely out of luck.
The statute of limitations in Texas is only
two years. This applies for nearly all
injury cases, including
premises liability lawsuits,
dog bite incidents, and so on. Once those two years are up, any lawsuit you try to file with
the civil court system can be thrown out immediately and you have essentially
lost your ability to pursue any form of compensation. As an old proverb
states, “He who hesitates is lost.”
Special Circumstances for Unusual Injuries
Not all injuries are so catastrophic that you are going to notice their
affects right away. Some can be incredibly subtle, essentially undetectable
until years down the line. What can you do if your injury or illness caused
by another was “not a problem” until after two years since
the incident? With the help of a professional Texas personal injury lawyer,
you may be able to still file a lawsuit using what is commonly called
the “date of discovery rule.” This states that the statute
of limitations on personal injury cases should not begin until the injury
is actually discovered, or noticeable enough to require medical treatment.
For example: Imagine that you were given prescription painkillers for chronic migraines.
Three years later, you suffer a heart attack and it is revealed that the
painkillers have been detrimental to your health all along. You may still
be able to file a claim of
medical malpractice against your physician or a
product liability case the
drug manufacturer despite more than two years going by due to the fact that the health issue
did not become apparent right away.
You should keep in mind that you are not necessarily guaranteed any sort
of extension on statutes of limitations. In order to fight for your right
to compensation, you should always prepare your case with our New Braunfels
personal injury attorney at the Kyle Law Firm. We have more than 60 years
of collective legal and trial experience we can use to fight for your
rights and we have recovered
millions of dollars for our clients in the past.
Contact us today and we can start your case with a
FREE initial evaluation.