If you or a loved one suffered a severe spinal cord injury or another catastrophic injury in Texas, you have a right to seek damages. However, the statute of limitations for filing a personal injury case in this state is generally only two years.
It is important to get your lawsuit filed before the statute of limitations expires, or you risk your ability to recover the compensation you may otherwise be entitled to.
The legal process for seeking civil damages in Texas can be complex, but with help from a spinal cord injury lawyer at our firm, you could bring the liable party to justice and recover the compensation you deserve.
How does the Texas Statute of Limitations Work?
Under Texas law, the statute of limitations is in place to ensure that injury lawsuits are brought forward in a timely manner. You must file your spinal cord injury case before the two-year statute of limitations expires, as outlined in Texas Civil Practice and Remedies Code § 16.003. Failure to file your lawsuit before this deadline will result in your case’s dismissal.
For example, if you attempt to file a personal injury lawsuit once the statute of limitations has passed, the defense will likely file a motion to dismiss your case on the grounds that the deadline has expired. The judge will have no other choice but to grant their motion to dismiss your case without hearing any evidence in this situation.
For this reason, it’s in your best interests to get started on your case as soon as possible. You can hire a legal advocate right away to protect your case from procedural issues and meet all necessary deadlines.
Why Do You Need to Get Started ASAP?
Although two years may seem like more than enough time to pursue your spinal cord injury case, you really do not have the luxury of waiting. If you hope to get justice for your spinal cord injuries, your attorney will need to prove that someone else’s negligence is the cause.
Evidence Is Often Time-Sensitive
Much of the evidence needed to support your case is likely time-sensitive. In addition, the longer you wait, the less time your lawyer has to build the case against the liable party. If you wait too long to get a lawyer on your side, it may be more difficult to gather the evidence needed to build a compelling case against those responsible.
Various pieces of evidence could support your spinal cord injury lawsuit. Examples include:
- Accident reconstructionist reports
- Expert testimony
- Witness statements
- Police reports
- Crash reports
- Medical records
- Photos of your injuries
- Photos of the accident scene
- Video of the accident
- Cell phone records
- Chemical blood alcohol test results
- Other forensic test results
Depending on how your injuries occurred, there may be other types of evidence that could be used to support your case as well. For this reason, it is essential to get a catastrophic injury attorney on your side once you are medically stable.
You Need Time to Calculate Your Damages
If you hope to recover your economic and non-economic damages in full, you will need to review all the ways the accident has affected your life. Some of the more common damages you could recover in your spinal cord injury case include:
- Physical pain and suffering
- Ambulance and hospital bills
- Costs of prescription medications
- Physical and occupational therapy fees
- Costs of medical equipment
- Loss of income
- Diminished earning capacity
- Loss of enjoyment of life
- Skin scarring and disfigurement
- Emotional distress
- Loss of consortium
- Inconvenience
- Reputational damage
- Property damages, where applicable
It’s critical to understand the scope of your injuries, including how long it will take you to reach maximum medical improvement and what that will look like.
Your medical team may not know this information right away, meaning you will need to wait for an answer before seeking damages. Otherwise, you risk undervaluing your case and facing out-of-pocket costs in the future.
How Settlement Negotiations May Affect Your Case’s Timeline
If you hope to get the most out of your spinal cord injury case, it is important to get started in a timely manner. The statute of limitations is already ticking, and you need to be prepared to file claims with the insurance company and potentially bring your case to court.
Insurance companies rarely compensate spinal cord injury victims without some negotiations. However, this does not have to prevent you from filing your lawsuit on time. These negotiations can continue even after you have initiated the legal process, leaving your financial recovery options open.
Contact a Spinal Cord Injury Attorney in Texas
If you have questions or concerns surrounding how the statute of limitations could affect your spinal cord injury case, reach out to our firm and hire a spinal cord injury lawyer from our firm for help.
At Loncar Lyon Jenkins, we proudly offer free, no-obligation consultations to spinal cord injury victims throughout Texas. We’ll get started when you call our office today.
