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How Long Do I Have To File A Spinal Cord Injury Lawsuit In Texas?
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The Statute Of Limitations In Texas For Spinal Cord Injury Lawsuit
In Texas, injury claims are bound by a crucial law, referred to as the statute of limitations. This legal deadline requires victims to file any related claims within two years of the injury date. However, if a victim was not immediately aware of their spinal cord injury, they are allowed two years from the date of reasonable discovery to file a claim.
Exceptions apply to the general rule. For instance, if a spinal cord injury leads to the victim’s death, their family members have two years from the date of death to file a wrongful death claim instead of the date of injury. In cases where government negligence, such as accidents on public property, is involved, the victim is given only six months from the accident date to file a claim notice. Therefore, seeking the advice of a spinal cord injury attorney in Texas is crucial as soon as possible for any potential claim.
Exceptions To The Statute of Limitations
Discovery Rule
The initial exemption to the statute of limitations is the “discovery rule.” If you were unable to detect your spinal cord injury immediately after the accident, you have a time limit of two years from the date of reasonable discovery to file a claim. This exclusion applies when the injured person could not have reasonably identified the injury instantly after the accident. For instance, if an individual had a spinal cord injury in a car accident but did not encounter symptoms until a few months later, they would have two years from the date of reasonable discovery to submit a claim.
Government Claims
The second exemption pertains to claims against the government. If a spinal cord injury case involves negligence by a government entity, such as an accident on public property, you are only given six months from the accident date to submit a notice of a claim. This is called the “notice of claim” condition and is intended to give the government entity a heads-up about the potential claim and time to investigate the accident before the lawsuit is initiated.
Wrongful Death Claims
The third exclusion is for cases involving wrongful death. If a spinal cord injury leads to the victim’s death, the family members are given two years from the date of death, rather than the injury date, to file a wrongful death claim. This exception recognizes that family members may not be aware of the cause of death or may need time to grieve before initiating legal action.
It is crucial to note that these exemptions are limited to specific situations, and it is crucial to consult with an experienced spinal cord injury attorney to determine if they apply to your case. Seeking advice from a legal professional can assist in ensuring that you comply with all deadlines and requirements related to filing a lawsuit and safeguard your rights to seek compensation for your injuries.
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Why Timing Matters
Timing is critical when filing a spinal cord injury lawsuit in Texas, and it is essential to comprehend why timing is so important to safeguard your legal rights and pursue the compensation you deserve. There are multiple reasons why timing plays a crucial role in a spinal cord injury lawsuit:
Statute Of Limitations
The main reason why timing is crucial in a spinal cord injury lawsuit is due to the statute of limitations. In Texas, the statute of limitations for personal injury cases, which includes spinal cord injuries, is limited to two years from the date of injury. Therefore, if you do not file a lawsuit within two years of your spinal cord injury, you may lose your right to claim compensation for your damages, such as medical expenses, lost wages, pain and suffering, and other losses.
The Discovery Rule
Although the statute of limitations normally starts from the date of injury, there are certain exceptions to this rule, such as the discovery rule. The discovery rule is applicable when an injured individual could not have reasonably discovered their injury immediately after the accident. For instance, if you sustained a spinal cord injury in a car accident but only experienced symptoms several months later, you might have two years from the date of reasonable discovery to file a claim.
Notice Of Claim Requirement
Timing is also crucial in a spinal cord injury lawsuit due to the notice of claim requirement. If your case involves the negligence of a government entity, such as an accident on public property, you are obligated to provide a notice of claim within six months of the accident. The purpose of this requirement is to inform the government entity of the potential claim and allow them the opportunity to investigate the accident before a lawsuit is filed.
Preservation Of Evidence
The preservation of evidence is another aspect where timing is critical in a spinal cord injury lawsuit. Gathering and preserving evidence is vital in supporting your case, and it is crucial to start this process as soon as possible after the accident. The evidence may include medical records, accident reports, witness statements, and other relevant documents. As time passes, the evidence may become lost, damaged, or difficult to obtain. Additionally, witnesses may forget crucial details, which can weaken your case. Therefore, it is important to act quickly to gather and preserve evidence to ensure a strong case.
Prompt Medical Treatment
Getting immediate medical treatment is crucial following a spinal cord injury. Seeking medical care promptly after an accident can not only guarantee that you receive proper treatment for your injuries but also establish a medical record that documents the cause and extent of your injuries. Postponing medical care can have adverse consequences for your case because the opposing party can argue that your injuries were not severe enough to require medical attention, or that they were not caused by the accident.
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Consulting With A Spinal Cord Injury Lawyer
If you have sustained a spinal cord injury in Texas, it is important to understand that seeking legal help as soon as possible is critical. By speaking with an experienced spinal cord injury lawyer, you can obtain a thorough review of your case and determine whether you have a valid claim. This is essential because the statute of limitations in Texas for personal injury cases, including spinal cord injuries, is two years from the date of injury. If you fail to file a lawsuit within this time frame, you may lose your right to seek compensation for your damages.
In addition to assessing the validity of your claim, a skilled attorney can also help you navigate the complex legal process of filing a spinal cord injury lawsuit. They can guide you through the required steps to file a lawsuit, such as gathering and preserving evidence, submitting a notice of claim, and complying with all filing deadlines. By working with a legal professional, you can ensure that you meet all of these requirements and maximize your chances of receiving fair compensation for your injuries.
Moreover, a spinal cord injury lawyer can also help you determine the appropriate amount of compensation to seek for your damages, including medical expenses, lost wages, pain and suffering, and more. They can also negotiate with insurance companies or represent you in court to ensure that you receive the maximum amount of compensation you deserve.
Overall, consulting with an experienced spinal cord injury lawyer in Texas is crucial to protecting your legal rights and ensuring that you receive fair compensation for your injuries. By taking action as soon as possible and working with a legal professional, you can increase your chances of a successful lawsuit outcome and begin to rebuild your life after a devastating spinal cord injury.
Get Legal Help
If you or a loved one has experienced a spinal cord injury, seeking legal help is crucial to protect your rights and ensure that you receive fair compensation. Spinal Injury Lawyers of Texas is dedicated to providing compassionate and personalized legal representation to help victims seek justice within the statute of limitations.
Spinal Injury Lawyers of Texas understands the significant impact that a spinal cord injury can have on victim and their families. It can be a life-altering event that requires extensive medical care, rehabilitation, and ongoing support. That’s why we offer support and guidance to victims during this difficult time.
By reaching out to Spinal Injury Lawyers of Texas, victims can take the first step towards holding those responsible accountable for their actions. Our lawyers have the expertise and experience to navigate the legal system and help victims achieve the best possible outcome for their cases.
Moreover, working on a contingency fee basis means that victims do not have to worry about the financial burden of hiring a lawyer. Spinal Injury Lawyers of Texas take on the financial risk of the case and only receives payment if they successfully obtain compensation for the victim. This arrangement means that victims can focus on their recovery without worrying about the cost of legal representation.
Concentrate on your recovery and let us handle the legal side of things. You may schedule a free consultation and case evaluation by calling Spinal Injury Texas at (888) 309-3998 or completing an online contact form. No fees unless we recover compensation for you.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 308-3998
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