Many Texans are unaware that state regulations can restrict the amount of time you have to bring a personal injury claim after being injured.
West Loop Law and the Law Office of Nhan Nguyen, MD, JD provides experience, understanding, and competence in the handling of injury claims for those who have been injured in car crashes and other accidents in Houston TX. Texas legislation such as the Wrongful Death Code and the statute of limitations are complicated. Luckily, Nhan Nguyen, MD, JD, Nader Rabie, JD and the rest of our staff are well-versed in their precise details.
Contact one of our Houston personal injury lawyers today for a free, no-obligation consultation about your case.
What Is the Texas Statute of Limitations for Civil Lawsuits?
For those who have been injured in a vehicle accident, slip and fall, or on the job, there is a limited period of time in which to bring a case for damages. A statute of limitations is the legal phrase used to describe this period of time.
For the most part, you have two years from the date of an accident to initiate a lawsuit and claim your right to seek compensation from the at-fault party.
The two-year rule in Texas is the same as that in many other states. From as little as one year — like in Kentucky and Tennessee — to as many as six years in other states, time restrictions vary widely across the country.
What Cases Does the Statute of Limitations Apply To?
The statute of limitations in Texas will apply to any civil claim — a court action in which one party asks another for money – that is filed in the state. A civil suit can emerge from any type of injury accident that is under the purview of personal injury law, including but not limited to:
- Motor vehicle accidents (such as car accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, or truck accidents)
- Medical malpractice
- Nursing home abuse and neglect
- Dangerous drugs and defective products
- Dog bites and other accidents resulting from premises liability
- Workplace accidents (such as industrial plant accidents, construction accidents, offshore accidents, maritime accidents, or oil rig accidents).
If you want to file a personal injury claim, you will typically need to demonstrate that the person you are suing was negligent and that their carelessness resulted in your personal injuries, which led to bodily, emotional, and financial pain — also known as damages.
When Is the Statute of Limitations Relevant to My Houston Car Accident Claim?
You won’t really hear much about the statute of limitations since it is in everyone’s best interests to bring a civil claim as soon as possible. However, if you retain the services of an attorney, it is unlikely that they will bring charges right away. A personal injury lawyer will most likely undertake the following when you choose him or her to represent you in your case:
- Examine your medical records as well as the accident report. For you to receive a formal prognosis from a doctor, your lawyer will most likely wait until you have reached maximum medical improvement (MMI). To make an informed decision about accepting any money, you should first have a clear vision of your medical future, including what sort of treatment you will require in the long term. Certain injuries may intensify in the days and weeks following an accident while your body heals and stabilizes, depending on the severity of the injury.
- Interview witnesses and obtain the driving or phone records of the person who is suspected of being responsible for the accident. Some attorneys have private detectives who handle this for them on a contract basis.
- Enter into serious talks in order to resolve your insurance claim without the need to file a lawsuit. If the insurer refuses to make a reasonable settlement offer, your attorney may write a complaint and file a formal lawsuit on your behalf. The lawsuit may still resolve at any moment throughout the litigation phase, even if a court date has already been set.
A statute of limitations is only applicable if the time limit for filing a lawsuit has passed. Once the statute of limitations has expired, any submission will be rejected by the court. Despite the fact that many disputes are settled out of court, after a statute of limitations has expired, a defendant will be aware that you have no legal remedy, and any settlement attempts outside of court will almost surely be unsuccessful.
That is why you need to enlist the aid of a trusted personal injury attorney in Houston in order to ensure that your legal rights are protected after being wrongfully injured by another person.
Personal Injury Lawyers in Houston TX
After being injured in a car crash or some other type of accident, a Houston personal injury lawyer will know how to increase your chances of receiving reasonable compensation. West Loop Law and the Law Office of Nhan Nguyen, MD, JD can investigate your accident and aid you in gathering evidence to demonstrate the extent of your injuries. In addition, your attorney will handle the insurance claims procedure, including meetings with claims adjusters, in order to achieve the maximum possible settlement amount. Your attorney will understand how to negotiate with insurance companies in order to get a fair and comprehensive payment for your losses.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to advocate for your legal rights after a serious accident.
Call West Loop Law and the Law Office of Nhan Nguyen, MD, JD now at (713) 840-7200 to book a consultation and discuss your case if you or a loved one has been unfairly injured by the actions of another person.
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