When a personal injury or wrongful death occurs, there is a statute that limits the time period for which a person or an estate can bring a lawsuit against the at-fault party. This is known as a “Statute of Limitations”.
The Texas Civil Practice and Remedies Code, Chapter 16.03 provides our answer to the statute of limitations for all personal injury and wrongful death actions in Texas:
Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person (emphasis added).
This is the law of the land when it comes to personal injury and wrongful death in the State of Texas. At Guest and Gray, P.C., our Rockwall County Personal Injury and Wrongful Death Attorneys take the steps necessary to ensure that if you are injured in an accident or lose a family member due to another person’s negligence, you do not lose your opportunity to file a lawsuit and obtain the maximum recovery possible.
When Does the Statute of Limitations Become Relevant In My Rockwall County Personal Injury Case?
Two years may seem like a long time, but if you are severely injured in an accident, your physical rehabilitation may take years. In many cases, the client never sees a full recovery from their injuries. At Guest and Gray, P.C., we never simply settle a case up front. Until we know the full extent of your injuries, Guest and Gray, P.C. will not settle your case. Why? Because it is possible that we could be leaving out potential recovery for your and your family should your injuries never fully heal or if they require additional surgery or treatment after settlement.
This means that the statute of limitations is running as of the date of your injury, or in the instance of a death, the date the death occurred. It is very common in catastrophic injury cases for the Statute of Limitations to become an issue for the above mentioned reasons. Another complicating factor is negotiating with insurance companies and health providers. That also takes time to get finalized and if we end up running against the statute of limitations, it is possible to file suit and continue to work on the settlement with the insurance company.
What About Rockwall County Wrongful Death Actions?
For Rockwall County wrongful death actions, the statute of limitations typically only comes up when the insurance company, most often an 18-Wheeler’s insurance carrier, is fighting liability or does not want to pay the full amount of damages requested OR the family does not come and hire until the last second. The latter seems to be the most common case. In many instances, the family of person killed in an accident do not like the idea of suing someone as a result of something they consider “an accident”. However, after a year or so of having lost their loved one, their love and affection, their financial support, the family often changes their mind and then inquires about our services. In the past we have had to turn down clients due to the fact that the statute of limitations had run on their case and, unfortunately, there was nothing that we could do.
Guest and Gray is Rockwall’s largest and highest rated local law firm. Our team of experienced personal injury lawyers are here to serve their local Rockwall and Rockwall county community when they have been injured, or killed, as a result of someone else’s negligence. To ensure that our Rockwall and Rockwall county neighbors do not lose out on their opportunity to be heard in a court of law, we provide free case analysis for each person and family that we meet, including a determination of when the statute of limitations will be on your case.
Not sure when the Statute of Limitations runs on your case? Give us a call, and our knowledgeable and helpful staff will schedule you for a free consultation with one of our experienced Rockwall and Rockwall county personal injury and wrongful death attorneys. Unable to travel? We will come to you. Just let our staff know and we will meet you anywhere in the Rockwall, Dallas and Kaufman County areas.