WHAT IS THE STATUTE OF LIMITATIONS?November 2, 2016
Almost every lawsuit is subject to a procedural rule known as the statute of limitations. The statute of limitations is essentially a deadline for when your suit must be filed. If you bring your lawsuit after the statute of limitations has run, then your claim may be expired and you will be unable to bring the lawsuit. The statute of limitations encourages injured parties to timely bring their lawsuit. As time continues to pass, witnesses’ memories fade, evidence may be lost or destroyed, and testimony may turn fuzzy. For the same reason, the statute of limitations also protects defendants from defending an accident that happened 15 years ago. Chances are high that after 15 years, the defendant likely thought nothing was going to come of the accident, and his defense would be severely hampered.
While it may seem harsh, the statute of limitations actually promotes justice and conserves court resources. After an automobile accident or slip-and-fall at a grocery store, filing a lawsuit may not be a priority. You should be mindful that if you decide to file a lawsuit later, you may be unable to bring your claim. For most personal injury cases in Texas and other states, including wrongful death, the statute of limitations is two years from the date of the accident. This means that if you are in a car wreck on August 1, 2016, you would likely have until August 1, 2018 to file a lawsuit. Your case does not have to be heard by a judge or jury in this time period, rather, the lawsuit simply just needs to be filed.
Personal injury law is very complex so you need an experienced attorney who will stand by your side and who will provide you with most effective representation possible. The Amaro Law Firm has vast experience litigating personal injury lawsuits and navigating the complexities of personal injury law, including the statute of limitations. If you or a loved have been involved in a car wreck or other personal injury matter as a result of the negligence of another person, please contact us immediately for a free consultation.