Definition of Personal Injury Cases
Personal injury cases refer to legal disputes that arise when a person suffers harm due to an accident or injury, and another individual might be legally responsible for that harm. These cases can cover a wide range of scenarios, from car accidents to medical malpractice. In Austin, Texas, like the rest of the country, personal injury law is primarily ruled by precedent, meaning past court decisions play a significant role in shaping the law. However, some aspects, such as the time limit for filing a lawsuit, are set by state statute.
Explanation of Statute of Limitations in Personal Injury Cases
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of personal injury cases, this means the period within which a victim must file a lawsuit against the party responsible for their injuries. In Texas, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, there are exceptions and nuances to this rule, which we will explore later in this article.
Factors Affecting Time Limits in Personal Injury Cases
Variations in Time Limits by State
While the general rule in Texas is a two-year statute of limitations for personal injury cases, this can vary from state to state. Some states may have a shorter time limit, while others may allow for a longer period. This variation can complicate matters when the injury occurs in a different state from where the victim lives, or if the responsible party moves to another state. In such cases, it is crucial to consult with a knowledgeable personal injury attorney to understand the applicable time limit.
Types of Injuries and Their Corresponding Time Limits
The type of injury can also affect the time limit for filing a lawsuit. For instance, in medical malpractice cases, the statute of limitations may not start until the victim discovers the injury. Similarly, for injuries to a minor, the time limit may not begin until the minor turns 18. These variations underscore the importance of getting legal advice tailored to your specific situation.
Steps to Take Immediately After an Injury
If you have been injured due to someone else's negligence, there are several steps you should take immediately:
- Seek medical attention, even if you think your injuries are minor. Not only is this important for your health, but it also creates a medical record of your injuries, which can be crucial evidence in your case.
- Report the incident to the relevant authorities, such as the police or your employer.
- Consult with a personal injury attorney as soon as possible to understand your legal rights and the time limit for filing a lawsuit.
Importance of Seeking Legal Advice From Briggle & Polan, PLLC
Seeking legal advice is crucial in navigating the complexities of personal injury law. An experienced attorney can help you understand the applicable time limit, any exceptions that may apply, and the steps you need to take to protect your rights. At Briggle & Polan, PLLC, we have a team of dedicated personal injury attorneys who can provide the advice and representation you need. Contact us today for a free consultation. (512) 400-3278