Were you injured in a car accident, a slip and fall accident, or in another type of accident in Plano, Dallas or Fort Worth? If so, you will need to file your personal injury claim before the “statute of limitations” runs out. “But what is a statute of limitations exactly?” The statute of limitations refers to the deadline or time limit someone has to file a personal injury claim.
Each state has enacted a statute of limitations for filing a personal injury claim, and in Texas, injured parties have two years from the date of the accident to file a claim for damages. Under Section 16.003 of the Civil Practice and Remedies Code, it explains that people must bring a lawsuit for personal injury or wrongful death no later than two years from the date the accident occurred. “What if I miss the deadline? Can the court make an exception?”
What if I Miss the Deadline?
If you miss the two-year window to file a claim and you try to file a lawsuit anyway, more than likely the at-fault party will file a motion to dismiss and explain to the court that you filed the suit after the state’s statute of limitations expired. You’re probably out of luck. Unless one of the very limited exceptions apply which would give you more time, the court would most likely refuse to hear your case.
Even if you were wronged by the defendant (at-fault party) and had every right to seek damages, your right to file a claim for damages would be lost permanently. Some states impose a cap on injury damages. In Texas, the only type of cases that are subject to a cap are those involving medical malpractice. Under Section 74.301 of the Civil Practice and Remedies Code, the cap on noneconomic damages in medical malpractice cases is $250,000 and under Sec. 74.303, it’s $500,000 total.
Looking for a Plano personal injury attorney? Contact us today to file a claim for damages!