What is the Statute of Limitations for Motorcycle Accidents in Texas?
August 10, 2018 - Motorcycle Accidents
Every state has its own statute of limitations for cases involving personal injury. Those statutes put a time limit on when a person can file a personal injury lawsuit. In accordance with section 16.003(a) of the Texas Civil Practice and Remedies Code, a person has two years from the date of a motorcycle accident to file a personal injury lawsuit. This statute of limitations is strictly construed. There are very few exceptions to it. If people who were injured in motorcycle accidents fail to file their personal injury lawsuit within the time prescribed by law, they’re going to be prohibited by the courts from seeking compensation for their injuries. A person could be barred from proceeding in what would otherwise be a perfectly good case.
For motorcycle accidents that were caused by an employee of the State of Texas or any political subdivision of the state, notice of an injury claim must be filed within 180 days of the date of your accident. Failure to file this notice will be fatal to a personal injury lawsuit, even if you filed your lawsuit long before the statute of limitations expires.
The Legislative Intent
The purpose of the two-year statute of limitations in Texas is to protect defendants. People claiming injuries in motorcycle accidents must act with reasonable diligence. Evidence can disappear and witnesses can vanish. These factors can make it difficult for a defendant to disprove a claim.
If you’ve been injured in Texas, don’t wait until the 11th hour to file a lawsuit. You can contact Reyna Law Firm to arrange for a free consultation and case review. JR Reyna is going to listen to you carefully and answer your questions. After that, he’ll advise you of all of your legal alternatives. As opposed to other lawyers, there’s no upfront retainer fee at Reyna Law Firm either. In fact, no legal fees at all are even due unless he obtains a settlement or verdict on your behalf.
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