In 1868 the United States Supreme Court in Riddlesbarger declared that “Statutes of limitations are predicated on the reasonable and fair presumption that valid claims which are of value are not usually left to gather dust or remain dormant for long periods of time.”
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Statute of Limitations
What is a statute of limitations in a personal injury claim?
A statute of limitations is a type of federal or state law that restricts the time in which a legal proceeding may be filed with the court. These statutes, which apply to both civil and criminal actions, are in place to prevent fraudulent and old claims from arising long after the event. The statute defines how long an injured person has to either settle an injury claim with an insurance company, or to file a lawsuit.
In civil claims, the states establish different deadlines depending on the type of claim. Go to this link to learn more about the statute of limitations in each state.
To make things more complicated, most states have different limitations for different types of cases. So it is possible that a personal injury claim will have a different statute of limitations than a medical malpractice or wrongful death claim.
There are exceptions to statutes of limitations, but these are usually related to medical malpractice claims. The exception, called the discovery of harm, can occur when the harmed person can prove that the injury didn’t reveal itself right away.
Statute of limitations for an injured minor
When a minor is injured, the statute of limitations is different in that it does not begin to run until the minor reaches the age of 18. So if the statute of limitations for that state is two years, then an injured minor would have until their 20th birthday to file a lawsuit.
To ensure that a claim is handled properly and that the prevailing statute of limitations is met, it is worthwhile to speak with an injury attorney who understands the statute of limitations in the state, and can evaluate a potential claim for its value and strengths.
From the moment the accident happens, however, the clock starts ticking down on the statute of limitations, which determines the amount of time you have to file a lawsuit.
Depending on the specifics of your case, you may be able to pursue damages for the following things:
- Medical expenses for treating your injury
- Lost wages from being unable to work
- Pain and suffering
The only way to know for sure if you have a case is to consult our experienced lawyers.
In Texas, all parties involved in an automobile accident, whether it be a driver, passenger, or pedestrian, have two years to file a claim. This time limit begins on the date an accident occurred and exists for virtually all car accident cases, no matter how extensive the damage.
All states have an imposed deadline or time period coded in law that limit the time a party can make a claim. This time limit, otherwise known as the Statute of Limitations for personal injury claims is 2 years in the State of Texas. Learn more here about the Texas Statute of Limitations and how it affects your personal injury claim.
Most accident victims are unwittingly subjected to a host of new legal terminology after they've been injured because of someone else's negligence. One of those terms is "statute of limitations" and has a direct impact on every case. To learn more about this legal term and things to consider for your personal injury claim, click here.