Articles Posted in Statute of Limitations

Surely everyone knows by now that those who have been hurt in a Texas car accident or other vehicular wreck have only a limited time in which to file a lawsuit. Still, too many people put off talking to a lawyer about their case, making it more likely that their suit won’t get filed on time.

Granted, there are a few -a very few – situations in which the statute may be tolled, but a would-be plaintiff should never count on this. The best course of action is to talk to an attorney as soon as possible after an accident instead of putting off the important step of seeking legal advice about the case.

This not only allows for a timely filing of the necessary paperwork but also allows for a more thorough investigation of the accident itself, increasing the likelihood of a finding of liability against the negligent party when the case eventually goes to trial.

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The importance of retaining an attorney as soon as possible after being involved in an east Texas car or truck accident cannot be overstated. There are many deadlines that must be complied with, or else the injured party may forfeit his or her right to pursue fair and just compensation from the person whose negligence caused the collision.

Unfortunately, far too many people wait until the last minute to talk to a lawyer about their situation. When this happens, the chances of having a case dismissed due to an issue of timeliness greatly increases.

Part of the reason for this is that there is not just a single deadline that must be complied with. Depending upon the particulars of a given case, there may be multiple deadlines and filing requirements. Missing even one of these important deadlines can be fatal to an otherwise valuable claim for money damages.

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Most people who have been injured in an east Texas auto accident are at least somewhat aware that there is a deadline for filing a negligence claim against the at-fault driver. Called the “statute of limitations,” this important deadline is non-negotiable; if you miss it, your case is going to be dismissed (unless it meets one of the very few, very narrow exceptions under Texas law).

Not only must the complaint be filed with the appropriate court clerk within the limitations period, but also the plaintiff has an obligation to serve a copy of the complaint on the defendant within a certain time frame. Failing to do this can result in the dismissal of an otherwise timely filed lawsuit.

Facts of the Case

If you have been involved in a traffic accident, it may be tempting to take a “wait and see” approach. You may be thinking, “As long as I file my case by the statute of limitations, I’m good, right?” Not necessarily.

In some east Texas car accident cases, there are other considerations that effectively “move up” the filing deadline, and a delay can result in the dismissal of an otherwise valid claim. A recent federal case illustrates the point.

Facts of the Case

Every plaintiff in a personal injury lawsuit must comply with local state laws applicable to their case. One of the initial and most important legal rules to follow is the time period within which the case must be filed. This is called the statute of limitations. In East Texas and throughout the state, personal injury claims must be filed within two years from the date of the occurrence. Furthermore, not only must the case be filed within two years, but also if the plaintiff serves the defendant after the limitations period has elapsed, service is valid only if the plaintiff exercised due diligence in effectuating service. These are complicated issues that must be resolved in accordance with the law, or else the plaintiff could lose the right to pursue the action. Anyone who has suffered injuries due to another’s negligence is encouraged to contact an experienced East Texas injury attorney, someone who handles car accident claims on a routine basis.

In a recent Texas case, the plaintiff lost the right to pursue her negligence case for failing to properly serve the defendant with the complaint. Here, the parties were in a car accident in December 2010. Two years later, just prior to the expiration of the statute of limitations, the plaintiff brought an action against the defendant for negligence. In September 2013, the plaintiff moved for “substituted service” and finally served the defendant in November 2013. The defendant asserted various defenses, including a statute of limitations defense, arguing that the plaintiff was not diligent in serving him with process.

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Car accidents occur all too frequently on roads and highways in East Texas and throughout the state. Unfortunately, many of these collisions cause innocent victims to sustain serious injuries, resulting in loss of work, medical bills, and physical and emotional pain and suffering.

At the very least, an injured person may be entitled to recover compensation for his or her particular losses. But in order to achieve the best possible result, plaintiffs must comply with every applicable law and court rule. The failure to do so could result in the loss of an opportunity to be compensated for one’s injuries. In order to ensure that your case is appropriately filed, pleaded, and proved, you are encouraged to consult with an experienced injury attorney from the local East Texas area.

A recent Texas case is a good example of the need to follow local procedural laws when filing a car accident lawsuit. Here, the plaintiff alleged that she suffered injuries in an automobile accident with the defendant on July 2, 2009. She waited until February 14, 2012 to file the lawsuit. Under Section 16.003 (a) of the Texas civil procedure code, plaintiffs must bring a personal injury lawsuit no later than two years after the date on which the cause of action arises. In her complaint, the plaintiff pleaded that the defendant resided in Oklahoma. Therefore, she argued that the statute of limitations period of two years was tolled, due to the defendant’s absence from the state.

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