Personal Injury Lawyers » When is a Statute of Limitations Tolled?
Instances in Which the Statute of Limitation in Texas May be Extended or “Tolled”
If you or your loved one has been injured in a car accident in Dallas caused by a negligent or reckless driver, you may have heard of the terms “statute of limitations” and “tolled” and want to know how they apply to your case. The best way to definitely answer your inquiry is to contact our experienced car wreck attorney at our law office for a detailed analysis of the facts of your case. Our attorneys have more than 20 years experience representing injured car accident victims across Texas, and will be able to tell you how a statute of limitations applies to your case, including if they have been tolled.
What is a Statute of Limitations and How Does it Apply to Texas Car Accident Cases?
The Texas Legislature has prescribed laws, called “statutes of limitations,” that limit the time when a personal injury victim can file a lawsuit against the party that caused his injuries to recover for his property damages and personal injuries. Specifically, Texas car accident victims have two years from the date of the accident to file a lawsuit. The Texas Legislature prescribes statute of limitations with two goals in mind: to promote efficiency in the legal system and to ensure that the evidence needed to litigate your case isn’t lost or inadvertently destroyed.
However, what if you don’t discover your injuries from the car accident until the statute of limitations have ran? If you’re afraid that your newly discovered injury doesn’t comply the statute of limitations, your attorney may be able to assert the “discovery rule” on your behalf.
Limitations May be Tolled if You’re Injuries Weren’t Discovered Until a Later Time
Texas laws allows for car accident victims to delay the time where the statute of limitations is calculated until his injuries were or should have been discovered. This principle, known as the “discovery rule,” will “toll,” or delay, the statute of limitation calculation until the injury victim has learned of his injuries. Thus, the discovery rule may allow a car accident victim to assert a lawsuit to recover for their injuries and property damages when their lawsuit would have traditionally been barred by the statute of limitations.
As you might imagine, defendant and their auto insurance carrier will likely be suspicious for your recently discovered injuries, and will do everything in their power to defeat your case by claiming that your injuries were caused by something else besides the auto accident. For that reason, you need our tough and experienced car accident attorneys at our law office to work and fight hard on your behalf to obtain justice and compensation for your injuries.
Limitations May be Tolled in a Texas Car Accident For Minor or Incapacitated Victims
A statute of limitations may be extended, or “tolled” for a limited period of time in specific circumstances identified by Texas law. Specifically, a car accident victim may toll the two-year statute of limitations if he doesn’t have the mental ability necessary to file a lawsuit, which usually occurs when the car accident victim is a minor or was incapacitated.
For example, if you were injured in an auto accident before you were 18 years old, the statute of limitations would tolled until you turn 18 years old. Thus, under the tolling theory, an injured child is able to file a lawsuit for injuries sustained in an auto accident until his 20th birthday.
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Why You Need an Attorney to Determine How the Statute of Limitations Applies to Your Car Accident Case, and if it Can be Tolled
If you’ve been injured in a car accident, it’s important that you contact an experienced car wreck attorney to ensure that you’re not prevented from recovering for your injuries. The driver responsible for your injuries and his insurance carrier will likely employ a number of tactics when attempting to prove that the statute of limitations have expired and shouldn’t be tolled. To combat these tactics, you should retain our experienced car wreck attorneys at our law office, who will fight hard to ensure that you are compensated fully for your injuries.
If you’ve been injured in a car accident, our car accident attorneys at our law office are available any time, day or night, to provide a free consultation regarding your car wreck injuries and what they can do to ensure that the statute of limitations haven’t expired. More information on this website