Statute of Limitations 101
Good Question. Here at Guest and Gray, we have many clients with personal injuries of all kinds who are waiting until just before the statute of limitations runs on their claims to come speak with an attorney about filing a lawsuit. There are several reasons for this, and if you are worried about whether or not you can still bring your claim, here you will find all of the information you will need to know how the statute of limitations in Texas works with regards to personal injury claims.
What is the Statute of Limitations in Texas?
According to section 16.003 of the Texas Civil Practice & Remedies Code, personal injury claims must be brought within two years from the date the accident occurred. If the personal injury results in the death of the person injured, then any wrongful death action must be brought within two years from the date of the injured person’s death.
The two year statute of limitations applies to all sorts of personal injury claims and not just those involving automobile and trucking accidents. Oxford dictionary defines a personal injury as “an injury inflicted on a person’s body…” and the state of Texas, for the most part, follows that form of definition. This means that personal injury can result from any number of causes. It is essentially a negligence suit where you are claiming compensation from another person as a result of the personal bodily injury you received. A few examples of personal injury are:
- Automobile and Trucking Accidents;
- Medical malpractice;
- Products liability;
- Slip and fall;
- Defective medicine
- Workplace injuries
What Happens if I Wait too Long?
If the statute of limitations runs on your claim, then unless one of the very few exceptions applies, your claim is prohibited. This means that any recovery that you could have received if you filed your lawsuit within the time period is now gone. Lost.
Finding out that your claim is over before it was ever started can be devastating news to hear. But that is just one of the many reasons why it is so important to speak with an attorney as soon as you, or someone you love, is injured. The longer you wait to file your claim, the less likely you are to recover. This is because the further away in time from the incident we are, the harder it is to gather the necessary evidence to support you claims in court. Witnesses become less reliable as their memory of the events fade. Video from the scene of the accident is deleted. But most importantly: the insurance company wants you to settle NOW. Right now. They want you to sign on that line before you can speak to an attorney and figure out what your claim is really worth.
If you Have Been Injured in an Accident CALL TODAY!
Guest and Gray, P.C. has a staff of experienced and professional attorneys who will do everything they can to get you the money you deserve for your injuries. It is not your fault! Why should you accept any less?
Call us Today and Schedule an Appointment with Scott Gray, named a 2015-2016 Rising Star in Texas SuperLawyer® for Personal Injury.