Statute of Limitations
A law establishing the time limit within which a lawsuit must be brought is called a statute of limitation. Different types of cases have different statutes of limitation. Knowing which statute of limitation applies is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost. The statute of limitations for a personal injury lawsuit is usually relatively short, ranging from as brief as six months to up to two years in most cases, subject to a number of factors. It is critical that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations can be determined. You may have less than six months to file a Notice Of Claim from the date of the incident which led to your injuries. At Rochelle McCullough, L.L.P., we make sure to explore all aspects of your case as soon as possible to ensure that no claims are lost as a result of untimely action.
The Discovery Rule
Measuring the statute of limitations for a particular situation can be a complex issue. The time usually begins "to run" at the time the injury occurs, however, if a person suffers a hidden injury, the discovery rule may apply. Under the discovery rule, the time begins to run from when the person who is injured knew, or by the exercise of reasonable diligence should have known, that he or she was injured. The discovery rule is commonly applied in cases involving exposure to toxic substances such as asbestos. In such cases, an injured victim normally does not manifest symptoms of injury until well after damaging exposure occurred. Obviously, such is not normally the case in situations involving motor vehicle collisions and other accidents, where injuries are generally immediately apparent.
Special rules apply in measuring the statute of limitations when a child is injured, in which case the time does not begin to run for an injury until the child reaches 18 years of age. Tex. Civ. Prac. & Rem. § 16.001. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service. Of course, regardless of the possible availability of an exception, it is always beneficial to bring a lawsuit as soon as it is practical to do so, since the availability (and memory) of witnesses to an accident and related physical evidence is much greater shortly after an accident than after years have passed.
In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call Rochelle McCullough, L.L.P. now at (214) 953-0182 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.