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Texas Personal Injury News

Wednesday, October 31, 2018

The Clock Is Ticking

When you have been injured, the only thing you should have to focus on is getting better. But of course that is not how the world works. There are bills to pay, family members to take care of, and the boss wants to know when you will be back on the job.

Amidst all the hustle and bustle of life and the struggle to recover you may lose your chance to seek damages from the party that caused your injury. That is why it is critical to talk to an experienced personal injury attorney as soon as possible after an accident or other incident that leaves you injured.

Statute Of What?

You only have limited amount of time to file a lawsuit after you have been injured. The period of time the law allows you to file a lawsuit after an injury has occurred is called the statute of limitations.

Filing a lawsuit after the statute of limitations has run out is like running a brilliant play after the clock has run out and the refs have blown the whistle — it may look good, but it doesn’t count. The courts do not care how significant your injures are, or how obvious it is that the other party is to blame, if your lawsuit is filed after time has run out the court will almost certainly dismiss your suit.

How Long Is Too Long To Wait?

In Texas, the statute of limitations for most personal injury lawsuits is two years from the date of the injury. This may seem like a long time, but it goes by quickly. An added bonus of speaking to an attorney right away is that evidence that supports your case can be gathered and preserved before it is destroyed or lost.

A Couple Of Exceptions

There are only a few exceptions to the two-year rule:

  • If the injured party is under 18 at the time of the accident, the statute of limitations many not start running right away. Typically the countdown clock doesn’t start running until after his or her 18th birthday.
  • If the injured party is “of unsound mind,” which is typically interpreted to mean that the injured person is suffering from a mental illness that prevents them from realizing the extent of their injuries and the possibility of litigation, the statute of limitations may be frozen until the injured party has recovered or someone brings a case on his or her behalf.
  • The clock may also be stopped if the person who is at fault travels or moves out of state. Upon the alleged defendant’s return, the countdown resumes.

Don’t Wait, Contact An Attorney Right Away

If you have been injured, and another party is at fault, it is critical that you talk to an attorney as soon as you are able to do so. If you would like to schedule an appointment to speak with one of our firm’s experienced personal injury attorneys, please contact us today. We serve clients throughout East Texas from our offices in Lufkin and Houston, and may even be able to travel to your home or hospital room for a free initial consultation.


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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
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