Texas Statute of Limitations Can Affect Victims’ Rights to Sue

| Apr 6, 2020 | Firm News

The aftermath of a serious motor vehicle accident can be difficult on a victim and their family. When a crash causes a victim significant personal injury, they may have to make substantial changes to the way that they approach engaging in their life activities. If they are unable to work, they may have to alter how they support their loved ones. If they must seek extensive medical treatment, they may have fears about how they will pay for their accident-related costs.

An automobile accident can affect more than just the physical health of an individual. Their emotional, financial, and psychological well-being may be put into jeopardy by the consequences of the party that caused their harm. Learning about litigation and the personal injury laws that may avail them to compensation for their losses may be far from their immediate post-accident concerns, but a victim should know that their right to sue based on their damages does not last forever.

Texas law recognizes a 2-year statute of limitations for personal injury actions. What that means is that an accident victim has 2 years to file a lawsuit against the party that harmed them in order to seek the recovery of their accident-related losses. After 2 years a victim may lose their right to litigate their claims, and victims therefore must be proactive to protect their rights to pursue legal action against those who hurt them.

The failure of a victim to file a lawsuit within the state’s 2-year statute of limitations may prevent them from recovery a host of different accident-related damages. Those damages may include but are not limited to the following:

 

  • Economic Damages: These damages cover the costs that a victim may have to pay because of the harm they suffered in an accident. They can involve medical costs, lost pay from being unable to work, costs associated with getting help to manage their post-accident lives, and diminished earning capacity due to their accident-related harm.
  • Non-Economic Damages: These damages cover the unquantifiable losses victims may endure from their involvement in car accidents. Examples of non-economic harm may involve post-accident pain and suffering, and losses of companionship for victims and their significant others.

As readers can see, the failure to file a personal injury lawsuit within the stipulated statute of limitations can curtail their access to many important types of damages. In the wake of a car accident, a victim may be concerned about what to do to protect their legal rights. They can always choose to contact a trusted car accident and personal injury attorney to help them pursue their losses.