Law

Statute Of Limitation Encompassing A Houston Car Accident

Every accident case requires the determination of fault whereby justice is provided to the one who has been wrongfully injured due to the negligence of a third party. If an accident claim has been settled between the injured and the insurance company, then there exists no involvement of the court, and thus a statute of limitation is irrelevant. But if the matter is not settled and requires the further intervention of the court, there’s a specific time limit after which the court will deny any hearings on the case. The statute of limitation varies from one case to another. For example, the statute of limitation for passing a burn injury lawsuit would be different from the one that can be used to sue a government agency. Receive a free case consult from an experienced attorney to know more details.

Federal law offers a time limit of three years to file an injury claim from the accident date. There are, however, some exceptions where the period can be shortened according to the requirements of the claim. 

Statute Of Limitation Concerning Serious Accidents:  

For severe cases where the injury is catastrophic or the injured has died due to the negligence of the third party, a wrongful death claim needs to be filed within three years from the date the person died. It is important to note that the three years time limit will not be assumed from the date of the accident but from the date of death.

Statute Of Limitation Concerning Minor Accidents:

The statute of limitation for the victims of accidents who have sustained numerous injuries is five years. This means they have five years from the accident date to pass a personal injury lawsuit. It is advised that one hire an attorney who has gained years of experience handling car accident cases and has attended numerous hearings.

Tolling Of Statute Of Limitation:

Often there are some exceptions to this law, especially if the injured has yet to reach the legal age of taking part in the court proceedings. Under such circumstances, the statute of limitation is tolled until the minor reaches 21. However, the parents of the minor are eligible to file a lawsuit on behalf of their children. 

Final Thoughts:

The injured should never hesitate to contact a personal injury attorney following a car accident. The sooner a lawyer is consulted, the better. Moreover, hiring a local attorney will also enlighten the injured about all the local laws and legal proceedings. 

Related Articles

Leave a Reply

Back to top button