The Texas Statute of Limitations on Personal Injury and When to Hire an Attorney
In order to keep the courts from getting clogged with an excessive number of lawsuits in which Houston personal injury attorneys are presenting old and sometimes unreliable evidence, the state of Texas has instituted a statute of limitations for the filing of a claim. These statutes vary for different types of lawsuits but for personal injury it is typically two years.
The time to hire a Houston personal injury lawyer is immediately after the accident that results in personal injury or wrongful death. You have up to two years to settle a case against the responsible party without filing a lawsuit but you’ll need time to prepare that case. A personal injury attorney in Houston will evaluate your case, gather the necessary police reports and medical documentation, and then file the necessary paperwork to ensure a speedy resolution.
The statute of limitations guarantees that any evidence presented in a case is fresh. This is particularly important with witnesses, as time tends to blur their memories because they were not actually involved in the accident. If a person was a witness to an accident, this witness is not personally invested in the outcome of the lawsuit, so they’re less likely to continue going over the day’s events in their mind.
Cases of negligence have a two year statute of limitations, while claims for breach of contract or fraud have a four year limitations period. Contract and fraud cases usually have paper trails and therefore paper evidence which will not deteriorate over time. Personal injury claims are usually given priority because many of the injured claimants require reimbursement for medical bills.
If you are filing a claim against a government agency or entity the statute of limitations may be different. Hire a Houston personal injury attorney to help you determine the appropriate statute of limitations and to assist you with your claim. The time limits and notice requirements for filing against a government agency are typically shorter, so make sure you hire an attorney quickly to preserve your claims.
Uncategorized | attorney_houston January 27, 2010
