In Texas, a lot of accidents occurred almost the whole year. Bodily injury is one of the damages required in every accident. Texas bodily injury statute of limitations will last for at least 2 years. In addition, there are particular terms and conditions to decide the length of this law scheme.
Do you know how the statute of limitations works on your bodily injury cases? This article will give you a brief about this term.
Texas Bodily Injury Statute of Limitations
First of all, a statute of limitations is a term of a particular amount of time for you as a plaintiff to submit a lawsuit. The type of lawsuit could include bodily injury that leads to damages after an accident. Regardless, the practice of this term will be different in every state.
In Texas, they have their own rules of a statute of limitations for accident damages such as bodily injury. According to the Texas bodily injury statute of limitations policy, there must be at least a 2-year limit for your claim.
The limit time for you to submit your claim is as soon as the event occurs. For instance, you are currently involved in a car accident, and your statute of limitations to file your claim for this case is right after your collision. Thus, you must hurry to submit your claim since it has no extender to make your claim for any longer.
You are unable to make an extension for the statute of limitations. Therefore, your claim would be straightly expired if you have reached the limit time that has been given. It is noteworthy that the statute of limitations for the victims is shorter for you to prepare the notice of economic damages you are looking for.
However, in Texas, they have different rules of the statute of limitations policy. You can have exceptions for bodily injury cases that can be used to delay your claim any longer.
The Exceptions for Texas Bodily Injury Statute of Limitations
Nonetheless, several exceptions are required for the statute of limitations in Texas. Those exceptions will become determination to delay the process of your claim and make it longer. What are particular exceptions that you can enjoy to extend your Texas bodily injury statute of limitations? Here is the detail:
1. Prosecute the Texas Government
You are unable to sue the government for monetary damages. In this case, you will indirectly prosecute the taxpayers including yourself for money damages. This condition occurred because the government receives money from taxpayers to cover the money damages coverage.
However, the Texas government allows you to prosecute the Texas state and local government for bodily injury applications. Particular conditions are required for you to fill out to be able to submit the claim within 180 days.
2. Wrongful Death Applications
This term refers to the case when someone dies from injuries after being involved in an accident that caused bodily injury. For instance, if the victim dies spontaneously after the accident, the statute of limitations will start years later. The victim’s family can file a claim for wrongful death coverage after bodily injury.
3. The Discovery Policy of Bodily Injury
Further, the Texas bodily injury statute of limitations will begin once you notice there are injuries within your body. Particularly, this case occurs due to medical malpractice, and you notice the injuries after getting surgery. You can file your claim with the statute of limitations period starting as you admit and realize your injury.
4. The Suspect is Out from Texas
The progress of bodily injury after an accident claim will be terminated right after the government finds that the defendant is already leaving Texas. Your case’s statute of limitations is no longer available for application.
5. Shortcoming Mental Health
Fortunately, the statute of limitations of your case will be delayed for a while if you are facing the difficulty of mental health. The time curve will start again when you have gained more mental suitability. Nonetheless, you still have to be wise for the time limit of the 2-year statute of limitations.
6. Under 18 Determination
In this case, you are capable of submitting the statute of limitations claim after you are legal. If you are underage or under 18 years old, you are unable to claim for bodily injury. You have to wait until your age is qualified to make a report of an accident that results in personal injury.
7. Bodily Injury in Maritime Area
Moreover, you are probably still able to file your claim for the Texas bodily injury statute of limitations when an accident occurred at sea. But, remember that the statute of limitations for cases at sea would vary in every state.
8. Insurance Claims for Car Crash Cases
Texas is a state that carries an at-fault term for a car accident insurance policy. You can submit an at-fault accusation for another driver’s insurance policy. Additionally, if you have to experience an accident with an uninsured and underinsured insurance driver, you don’t need to mind the policy in Texas.
Your insurance policy is the only matter in this case. You can use your policy to cover the bodily injury if another driver is underinsured or uninsured. What’s more, you have to be aware of the insurance policy before submitting the claim for an at-fault case accident.
9. The Texas Bodily Injury Statute of Limitations Repose
The good news for Texas residents, there are certain rules for statute of limitations that cause injury and surgery. The term of the statute of repose is related to the discovery policy of bodily injury.
In Texas, you deserve a statute of repose of up to 10 years for medical malpractice reports. In addition, you deserve a statute of repose of up to 15 years for product liability damages.
Be Wise of Texas Bodily Injury Statute of Limitations!
The statute of limitations is such a time curve for you after getting involved in an accident. You must be in a hurry to file your claim within 2 years for bodily injury cases. Moreover, you might have already started once you got into an accident. In Texas, several exceptions are required to make you able to delay the application.
Yet, you must be wise of the Texas bodily injury statute of limitations submission. You must be mindful of those particular exceptions. For instance, you must be aware of any medical side effects that you might experience after years of surgery. Therefore, it is necessary to determine any details of the time of your case!
