What is a statute of limitations? What does that mean for my case? These are a few of the questions you might be asking yourself if you are involved in a potential law suit.
According to expertlaw.com, a statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief. In other words, its an arbitrary amount of time the legislature in Texas (every state really) decided upon and which, if you don’t bring a lawsuit before that time runs out, you will not be able to make the claim.
Statute of limitations are a fundamental part of U.S law that are designed to prevent fraudulent and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time, defective memory, death, or disappearance of witnesses.
The time frames for statute of limitations can vary depending on the legal matter. In Texas, the Statute of Limitations for a personal injury, product liability, or medical malpractice claim is usually two years from the date of the accident but could be as short as six months if a government entity is involved. This means that you usually have two years from the date of the incident (crash, fall, etc) to file a law suit. The duration of your case can take more than two years and the trial may not take place for more than two years, but you must file the law suit within two years. Your case can settle out of court prior to the statute of limitations being up. However, if the case does not settle, you have to bring suit before the statute of limitations expires or you will be forever barred. Again, this time frame will vary depending on the type of legal action. Additionally, the limitation period may be extended under certain circumstances.
You should always verify that statutory time period and its relevance to your situations with a licensed Texas attorney.
If you have been in an accident, injured by a defective product, or feel like you may have a medical malpractice claim, contact our licensed Texas attorneys at the Traub Law Office at 512-343-2572 or contact us online.
We can help you file your legal claim before the statute of limitations is up.