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(512) 910-2000Written by TK Injury Lawyers, reviewed by Trent Kelly on January 1, 2023
If you have been injured by someone else’s negligence in the State of Texas, such as in a car accident, the road toward recovery is likely to be both long and challenging. Regaining your physical health and well-being is difficult enough – but it is that much more so in the face of mounting medical bills and lost earnings related to lost hours on the job. When you factor in that you only have a limited amount of time to file a lawsuit, it puts an even finer point on the matter.
While you tend to your recovery, an experienced Texas personal injury attorney will help guide your claim toward an advantageous outcome.
In Texas, you have only two years from the date of the accident that leaves you injured to file a lawsuit against the at-fault party. This is known as the statute of limitations for personal injury claims. While this may strike you like plenty of time to get the job done, it’s important to understand that being laid low by a serious injury – such as those caused by car accidents or slip and fall accidents – can put you out of commission for a considerable amount of time, and two years can elapse in a flash. Consulting with a dedicated personal injury attorney sooner rather than later is always in your best interest.
You can find out more about the two-year statute by referring to Section 16.003 in the state’s Civil Practices & Remedies code. This code states that a civil action for personal injury must be filed no later than two years after the date for the cause of action or the date of the injury.
If another party’s intentional or careless behavior led you to sustain an injury, you want to request the Texas courts to issue a civil remedy–damages–for losses. This two-year time frame applies to the principle of negligence or an intentional tort, which applies to assault and battery in the civil court.
Therefore, it is important to distinguish between negligence and intent in tort law. An intentional tort case occurs when a person harms you or someone else deliberately. Otherwise, most personal injury cases involve the other party’s negligent or reckless behavior.
If two years have gone by since the personal injury or intentional tort claim and you submit a lawsuit, the other party will usually file a motion to dismiss. The court will typically support the dismissal. Even if you’ve sustained substantial damages, the clock has stopped ticking, and you lose your right to negotiate or settle a claim.
The state has recognized several scenarios that may extend the statute of limitations clock, or at least pause it, after it begins to run. Below are examples of two of these exceptions.
If you have been hurt because of someone’s negligence or have been involved in an incident that involved an intentional tort, you need to contact a personal injury attorney without delay. You don’t want to lose your right to gain the compensation you need.
In fact, it often is best to call an attorney shortly after an accident (even if you’re in the hospital), as it makes filing a claim easier. Not only is the incident still fresh on your mind, but it is also easier to gather the evidence or the testimonies of witnesses.
Also, remember, if you’ve just been involved in an accident, get medical help, if possible, the same day. Even if you believe you’re physically or emotionally okay, some injuries may take time to surface. By having a doctor check you, you can connect with them more easily if you experience medical struggles or complaints at a later date.
The covered losses – or legal damages – you suffer as a result of the other party’s negligence can be immense, and a critical element of your claim is ensuring that all such losses are well accounted for.
The medical expenses you experience in relation to your personal injury claim may be ongoing. The more serious your injuries, the more extensive you can expect your medical expenses to be, and if you experience secondary health concerns or complications, these costs can be compounded. Common medical expenses include:
While you are on the path toward recovery, you are very likely to be off the job and experience lost earnings as a result. This is difficult enough in the face of all those medical expenses, but if your earning potential is affected, it can be more so.
The pain and suffering – both physical and emotional – you experience as a result of someone else’s negligence should receive the attention it deserves. Overcoming this category of loss can be exceptionally challenging.
Settling your claim before you understand the full extent of your losses can leave you with far less compensation than the amount to which you are entitled – and that you need to fully recover.
The accomplished personal injury attorneys at Terry & Kelly PLLC are well equipped to help guide your claim toward its best possible resolution within the statute of limitations that guides it. We care about you and your claim, so please don’t delay contacting us for more information today.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
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