There are lots of laws that affect your personal injury claim, depending on where you are and the nature of the injuries sustained. One of the most important rules you should know is what’s referred to as the ‘statutes of limitation’. We will discuss this in detail and tell you how this rule affects your personal injury claim.
What is a ‘Statute of Limitations’?
This is essentially the time limit within which personal injury cases should be filed. Yes, there is a limit, and it depends on the type of injury and the laws where you are. The restriction prevents complications from issues like fading memories, witnesses disappearing, or loss of evidence, etc. It also protects the accused from wrong accusations. That is, ensuring that people don’t come many years later, complicating compensation for injury claims.
How does a ‘Statute of Limitations’ affect a personal injury case?
First of all, you should not wait too long to file a lawsuit because the case can be discarded or becomes more complicated than it would have been. Complications mean spending too much time and money trying to get a slot in the list of cases. The law in Texas, for example, has a time limit of two years for filing a personal injury case. If you have a personal injury in this state, then you should seek a hand from a personal injury attorney in McAllen Texas, before the time lapses. In fact, the best thing about working with a skilled attorney immediately after the accident is that they will know how to handle the case, even when your injuries don’t seem serious.
Now, there are exceptions to the law that you should know. For example, if the injury happened in a government building, then the case should be filed within six months. Like in most personal injury cases, you will be required to provide a detailed report of the accident and inform the management about it.
Moreover, there are other special cases where personal injury cases are usually handled after the stated time limits like if the injured person was a minor, the injury appeared due to fraud, the accused cannot be traced, or if some signs from the injury appeared at a later date. The laws in Texas, for example, factor in medical malpractices that fit the exception. For instance, if a surgeon leaves a therapeutic tool like gauze inside a patient, then chances are signs of the negligence may not show for even years. So, you are allowed to sue within ten years of this happening.
Many victims lose on compensation because they underestimate injury. Well, don’t! You also need to know a thing or two about what affects your case. Frankly, getting compensation from a personal injury claim is easier said than done. As you might have noticed, there can be complications along the way. So, you ought to immediately speak to a skilled personal injury attorney for help fighting for what you deserve.