What if I missed the statute of limitations?

d tIn Texas, the time to seek justice for personal injuries is limited. Two years may feel like a lot of time in some instances, but when it comes to accidents or injures it can fly by quickly. If you missed the statute of limitations, not all hope is lost – there may still be options available beyond this span.

File for an Exception to the Statute of Limitations:

In Texas, there are certain exceptions to the statute of limitations that may allow you to still file a personal injury lawsuit even if you missed the statute of limitations. These exceptions include:

• • The discovery rule: If you didn’t know you had an injury until after the statute of limitations passed, you may be able to file a lawsuit within two years of the date you discovered or should have discovered the injury.
  • The minority rule: If the person who was injured is a minor at the time of the accident, they have until two years after their 18th birthday to file a personal injury lawsuit.
  • The insanity rule: If the person who was injured is deemed legally insane at the time of the accident, the statute of limitations may be tolled (suspended) until they regain their mental capacity.

To file for one of these exceptions, you’ll need to submit a request to the court and provide evidence to support your claim. It’s important to note that these exceptions are not always granted, and you’ll need a skilled personal injury attorney to help you navigate the legal process.

Negotiate a Settlement:

Even if you can’t file a personal injury lawsuit because you missed the statute of limitations, you may still be able to negotiate a settlement with the at-fault party or their insurance company. In some cases, they may be willing to pay for your damages to avoid going to court. However, it’s important to keep in mind that negotiating a settlement usually means accepting a lower amount of compensation than you could potentially win in court. In any case, an experienced personal injury attorney can help you advocate for the best possible outcome.

Consider Tolling Opportunities:

In addition to filing a lawsuit before the statute of limitations expires or seeking an exception, there are also tolling opportunities available for the statute of limitations in Texas personal injury cases. Tolling means the clock stops temporarily or pauses, so the time limit for filing a lawsuit is extended. In essence, you may not have missed the statute of limitations yet if tolling applies.

Here are some examples of situations where tolling may be applicable:

1. Minors or incapacitated individuals: If the injured party is a minor or was legally incapacitated at the time of the accident, the statute of limitations is tolled until they reach the age of majority or are no longer incapacitated.
2. Discovery rule: In some cases, the statute of limitations may not begin to run until the plaintiff discovers or reasonably should have discovered the injury. For example, if a medical device was implanted in a patient during surgery and caused an injury that wasn’t discovered until years later, the statute of limitations may not start running until the patient knew or should have known about the injury.
3. Fraud or concealment: If the defendant fraudulently concealed the injury or the cause of action, the statute of limitations may be tolled until the plaintiff discovers or reasonably should have discovered the fraud or concealment.
4. Military service: If the injured party is on active duty in the military at the time of the injury, the statute of limitations may be tolled until they are discharged from active duty.

Tolling opportunities are limited, so it’s crucial to consult with an experienced personal injury lawyer in Texas to understand how they may apply to your case. Missing a tolling opportunity can result in the expiration of the statute of limitations and the inability to bring a lawsuit for compensation.

Even if you missed the statute of limitations for a personal injury case in Texas, it does not necessarily mean the end of your legal options. There may be exceptions to the statute of limitations, opportunities for tolling, or the possibility of negotiating a settlement. Contacting a knowledgeable personal injury attorney can help you explore your options and determine the best course of action.