Understanding the Statute of Limitations in Personal Injury and Wrongful Death Lawsuits

by | Jan 29, 2024 | Civil litigation, Firm News

Navigating the aftermath of an accident or coping with the loss of a loved one is challenging, and understanding legal timelines is crucial.  The statute of limitations sets a strict deadline for filing personal injury or wrongful death lawsuits.  This period varies by case type and state, emphasizing the importance of consulting an experienced personal injury lawyer as soon as you can after an accident.

Why Timely Filing Is Crucial in Personal Injury Cases
Delaying legal action in personal injury cases can hinder your ability to obtain justice and fair compensation.  Evidence can quickly vanish, and the responsible party’s lawyers are likely building their defense.  An experienced personal injury attorney can jumpstart your claim process, ensuring you file within the statute of limitations, thereby preserving crucial evidence and focusing on your recovery.

Texas Statute of Limitations: A Two-Year Window
In Texas, the statute of limitations for personal injury or wrongful death claims is two years from the incident date.  While this may seem a long period, time is of the essence.  Delayed action can make it difficult for even seasoned attorneys to preserve evidence and secure damages.  Although there are some exceptions to this two-year deadline, every effort should be made to bring a case as soon as practicable.

Advantages of Prompt Legal Action
Filing your lawsuit promptly prevents you from forfeiting your right to compensation.  Insurance companies often prolong negotiations, knowing that delays can reduce their payout.  An experienced attorney can counter these tactics, ensuring that you recover for all damages you have sustained.

Immediate action allows your lawyer to gather fresh evidence, crucial for proving negligence and securing a favorable outcome.

Missing the Deadline: What Next?
Failing to file within the statute of limitations typically results in losing the right to sue. However, there might be exceptions, and an experienced attorney can advise you on possible legal options.  If you suspect you’ve missed the deadline, seek legal counsel immediately to explore any potential avenues for pursuing your claim.

Our lawyers have represented numerous workers who have sustained serious and catastrophic injuries.  The firm has experience in courts across the country and the skills needed to represent the families of loved ones who have lost their lives or as a result of an explosion, or been seriously injured.

The experienced attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one has been injured or lost their life as a result of an accident.  Please contact us online or call 713-804-9306 or 877-678-5864 to learn more about your legal rights.