How does the statute of limitations affect my claim?
The statute of limitations refers to a time limit governing when you can file a lawsuit related to an accident. In the state of Texas, a person filing a claim related to an accident has two years from the date of the accident to file a lawsuit in civil court. This two-year period is known as the statute of limitations. Generally speaking, the statute of limitations affects your claim in two ways. First, it limits your ability to file a lawsuit related to the accident after two years. If you try to file a lawsuit after the two-year period, you will likely have your claim dismissed because it will be considered “time barred.” This means that you are not legally allowed to file the claim since you missed the two-year deadline. Second, the statute of limitations can affect the settlement amount you may receive from the other party. The longer you wait to file a claim, the harder it can be to win in court. This is because witnesses and evidence may become harder to find over time. If the court finds in your favor, it may be more difficult to prove the full extent of your damages since some evidence may have been lost due to the passing of time. For these reasons, it is important that you take action as soon as possible following an accident to ensure that your claim will not be affected by the statute of limitations. If you think you may have a claim, it is best to seek the counsel of an experienced accident lawyer before the two-year window has elapsed.
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