Category: Statute of Limitations

Jerry J. Trevino Personal Injury Attorney: An Introduction To The Statute Of Limitations For Personal Injury Claims

The Statute Of Limitations For Personal Injury Claims With A Corpus Christi Lawyer

Anytime somebody is injured due to another person’s negligence, there is the possibility that a personal injury lawsuit may be filed. There is rarely ever any good reason for putting off getting advice from a qualified and experienced Corpus Christi personal injury attorney as soon after the injury occurs as you possibly can. However, there are times when something happens, and not everyone thinks to act as quickly as possible. For them, the question then is, “how much time is there before I need to file a personal injury claim in the state of Texas? To answer this question of the amount of time you have for filing your personal injury claim, there are some basic facts that you must understand first. The first thing that you need to know is that there is a statute of limitations associated with each cause of action when it comes to personal injury cases. The purpose of having a statute of limitations is having a deadline set so that there isn’t an endless possibility for liability. The statute of limitations means the latest date that by law you are allowed to file a lawsuit against somebody to seek compensation for your injuries. After your time for filing a lawsuit is past you will no longer be able to file any legal claims for your personal injury damages. You need to determine what the answer is to the question of: “how much time to have to file a personal injury lawsuit?”

How Much Time Do Have To File A Personal Injury Lawsuit?

The amount of time you have for filing your personal injury lawsuit can depend on several different factors. First of all, statues of limitations vary from one state to the next. That statute of limitations also varies according to the type of claim it is and whether you are an adult or minor. Finally, certain states have special circumstances and rules that might impact the statute of limitations for certain cases. Therefore, the information is being provided as a starting point. However, you always should consult with a personal injury lawyer in the state where your personal injury was sustained in other to determine whether or not there are exceptions to your specific case. You also need to be aware that whenever there is a government agency that is involved in something that there will always be notice requirements that must be met. In general, the notice periods require you to provide specific written notice that must be made in a specific format to the designated agents of the government agency for notice within a certain set time frame that has been specified. Usually, the time frame is within 90 to 180 days of the date when the incident occurred that produced your injury. Failing to provide the notice may cause your case to be barred regardless of what the statute of limitations is in your state.

  • Statute Of Limitation For Minors

In a majority of personal injury cases, you need to be aware that the statute of limitations doesn’t start until the minor has turned 18 years old. The dates specified below refer to dates for adults only unless specified otherwise.

  • Statutes of Repose

The discovery rule is one of the exceptions that apply to statutes of limitations on personal injury claims. When a person’s negligence is not discoverable when it occurs but is discoverable only at a later date, then there are a number of states that do provide an exception to their statute of limitations for this reason. In these situations, the statute of limitations does not start until the time that the negligence should have been reasonably discovered. What a statute of repose refers is is a statute that a state legislature has adopted that determines the final date for the discovery rule. Typically the statute of repose applies to a certain area like a defective product, a medical negligence act that has been concealed, or a construction defect. If a state has an applicable statute of repose, a final date is set such as 10 years or 7 years by which the plaintiff is required to file a lawsuit or is forever barred.

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