It is important for Austin injury victims to understand that lawsuits must be filed within a certain period of time. Under Texas’ statute of limitations many accident victims only have two years from the date of the incident to bring the suit. If they fail to do so within the two year window then they will typically lose their right to recover damages suffered as a result of the injury. It is important for victims to understand how the two year limit works as such a time frame can pass faster than one may realize. For these reasons it is important that you contact a personal injury lawyer immediately after having been in an accident.
Texas’ statute of limitations starts to run at the time of the accident
Texas’ statute of limitations begins to run once one knows or should have reasonably known about the harm that has been done. In most personal injury cases, such as car accidents, truck accidents, pedestrian accidents, etc., it goes without saying that one in such an accident will immediately know that harm has been done. In determining the two-year date, however, it is important to understand that the statute does not begin to run until the day after the incident. This means that, for example, if one was in an accident on January 1st, 2016 then their time to bring suit does not expire until January 2nd of 2018. It is also important to understand that a weekend can impact the deadline; if the day that the statute would run falls on a Saturday then the Plaintiff would have until the following Monday to file suit.
When a personal injury lawyer files your suit then it may, depending on the nature of the case, be necessary to name “Doe” defendants. These are parties whom you believe to be partially responsible for the accident but you may not yet know who they are. When the identity of such parties is learned then they may be substituted into the lawsuit in place of the “Doe” defendants after the statute of limitations to sue such parties has passed. If, however, “Doe” defendants are not named in the initial suit then other parties may not be added after the statute of limitations. In cases which involve multiple defendants this can be a serious issue. Our lead counsel discusses the topic of Texas’ statute of limitations in this video:
Our Austin lawyers are experienced in handling such matters. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.
Arguing fault in an Austin personal injury case regularly involves the use of experts
Determining fault in a personal injury case can often come down to the use of experts. In cases where it is not clear what happened each side will often employ an accident reconstructionist. A person may also need to retain medical experts to prove the injuries they sustained were caused by the accident or to show the true extent of the injuries.These types of experts examine all available evidence and use science to determine, for example, the actual chain of events. Such experts can charge high fees so it is important that you retain a firm with the financial resources to do so. We pride ourselves on having the resources required to go toe to toe with the largest of defendants. Call today.