Whether through physical impairments or severe financial setbacks, a personal injury can have a very negative impact on your life. You therefore will want to act quickly when deciding to file a personal injury lawsuit. If you take your time instead, you might miss the filing deadline, meaning that your claim might be thrown out before you even get started.
This is the statute of limitations, and attorney Robert White has seen many accident victims lose out on fair compensation because they waited too long to file. If you have been hurt, you deserve to receive necessary benefits, and keeping the following information in mind will help you avoid future penalties on your claim.
About the Statute of Limitations
The phrase “statute of limitations” is used so often on television that you probably already know what it means. Put simply, the statute is the deadline before which a lawsuit or charge must be filed, and missing this deadline usually means the case will be dropped.
The statute of limitations in personal injury cases begins the day the injury was sustained. While specific duration will vary from state to state, in Texas the statute runs two years in a personal injury lawsuit. If the claim is submitted after this two-year period, it will be thrown out of court.
Extending the Statute of Limitations
As with most laws, there are some exceptions to the statute of limitations. You can specifically extend the statute past the official deadline in personal injury cases if the following occurs:
- Defendant Disappears: If the defendant in a personal injury case leaves town, you can have the statute of limitations extended. Any time the defendant was outside the state can be used to extend the deadline. However, keep in mind that it may be difficult to prove in court that a defendant skipped town.
- New Discovery: Known as the “discovery rule,” you may be able to extend the statute of limitations if the injured individual did not know he or she was injured or did not know who specifically had caused the injury.
- Other Exceptions: Other extensions are possible if the plaintiff was a minor at the time of the injury or was otherwise handicapped, disabled, or mentally ill. Most states will commonly allow for these particular extensions.
For alternative filing options, you should consult a personal injury attorney.
Avoid the Statute of Limitations with Attorney Robert White
Far too many cases each year are not filed soon enough after an accident. As a result, claims are dismissed and many people are left without compensation for devastating accidents, and it is important that you avoid this fate by contacting a personal injury lawyer as soon as you suffer a personal injury.
For anyone living in the greater Odessa area, attorney Robert White and his legal team would love to help you. If you would like additional information on how to file a personal injury case or want to bring your case forward for a review, contact a representative of Robert White today.