Texas is the second-most populous state in the US. It is well-known for its diverse landscapes, legendary cowboy culture, strong southern hospitals, and Tex-Mex cuisine.
Austin is a vibrant city in Texas. There are various crowded highways in Austin. That's one of the major reasons for accidents. Filing personal injury claims and lawsuits in Austin is easy if you have sustained any injuries due to someone else's negligence or wrongful action.
It is important to be aware of the deadline for filing a personal injury case in Austin. This time limit is known as the statute of limitations, and it can have a significant impact on your case.
What is the Statute of Limitations?
A statute of limitations is a rule that imposes a time limit for taking certain types of legal action. Under Texas law, the statute of limitations for personal injury cases is two years.
The time begins on the day the accident or incident happened. You should always be mindful of that when discussing the course of action you want to take with your attorney. You do not want to go beyond that deadline.
This deadline applies to personal injury cases in Texas, including
- Slip and fall accidents
- Car accidents
- Medical malpractice
- Dog bites
- Product liability
- Wrongful death
However, there are a few exceptions that can extend or shorten the deadline. This depends on the circumstances of your personal injury case.
The Consequences of Failing to File a Personal Injury Case on Time in Austin
After getting injured, you have a deadline to file a personal injury case. This deadline is known as the statute of limitations. The statute of limitations is two years for most personal injury cases in Austin. However, if you miss this deadline, you may face serious consequences that could jeopardize your chances of recovery.
One of the main consequences of missing this time limit for filing a personal injury case is that you lose your legal right to sue the person or company responsible for your injury. The defendant will likely file a motion to dismiss your personal injury case, arguing that you have violated the deadlines. If you don't show that an exception applies to your situation, the court will grant the motion and dismiss your personal injury case.
Missing the deadline can also affect your ability to negotiate fair compensation with the defendant or their insurance company. If they know that you have no legal recourse, they will have no incentive to offer you any compensation for your injury. They can even refuse to negotiate with you, leaving you with no option but to agree to their lowball offer or walk away empty-handed.
Therefore, it is necessary that you file your personal injury case as soon as possible. By doing so, you will preserve your right to sue and get justice for your injury. Moreover, you will have a great chance of getting a reasonable settlement from the defendant or their insurance provider.
What are the Exceptions to the Statute of Limitations in Austin?
There are certain circumstances where the statute of limitations can be extended or tolled for a specific period of time. Below are a few examples:
- When the injured person is under the age of 18 or of unsound mind according to Texas law—at the time of the injury. In this case, the two-year statute of limitations clock won't start running until the person turns 18 or becomes mentally competent.
- When the defendant leaves the state before proceedings commence. The period of absence is unlikely to count as part of the two-year period.
You can discuss this with an experienced lawyer in Texas for details on how the statute of limitations applies to your situation.
The statute of limitations is an important thing in a personal injury case. It sets a strict time limit for filing a case and seeking compensation for your injury. If you miss this deadline, you will lose your chance to recover any damages from the party responsible for your injury.
Therefore, you should contact an experienced personal injury attorney. They can guide you through the legal process and help you obtain the best possible outcome for your case.