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Statute of Limitations: What You Need to Know

Statute of Limitations: What You Need to Know

The statute of limitations is the time that an individual has to file a lawsuit for some type accident related to another’s wrongdoing. Typically, filing a lawsuit for a personal injury case ends up in civil court (though there may be some instances where a criminal trial may further be necessary).

Once the statute of limitations has run out, the injured individual or the one who believes a wrong has been done to them, will no longer be able to pursue the case further.

How does the claims process work?

Take a car accident case, for example. After the encounter, the claimant will usually file a claim with the other party’s insurance company if they live in a fault-based state. Texas is a fault-based state, which means that one party can take action against another individual or group, and hold them accountable for negligence. In the claim, one must establish that the other party’s actions were negligent, and thus causing the accident.

These are overall factors that are considered in claims of negligence:

  • The alleged person at-fault owed the injured person duty to ensure safety
  • The alleged person at-fault breached that duty somehow
  • The actions of the alleged at-fault person were the cause of the injury
  • There was a victim in the case, who was injured or harmed

In Texas, the statute of limitations in Texas is two years. So, if the claimant and the other side’s insurance company are unable to come to negotiations before that time, a lawsuit may be filed to continue negotiations. This is known as “tolling” the statute of limitations. It may also be necessary if, say, the insurance company denies the claim or does not wish to settle for a reasonable amount.

Does your claim need negotiation? Contact us!

As in any case, your situation will be unique from all others. While you may not be able to stop the clock from running out, there may be some exceptions to the statute of limitations, depending on your case. If it becomes necessary to file a lawsuit in your case, be sure to team up with a Galveston personal injury lawyer as soon as possible to guide you through the situation from beginning to end.

Talk to us! The Daspit Law Firm is available 24/7 to take calls. You can also schedule a free case evaluation online.