Pursuant to Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for most spinal cord injury cases is two years.
If you miss the filing deadline for your spinal cord injury case, you run the risk of losing the ability to recover compensation for your medical care, lost wages, disability, and more personal suffering. Since a financial recovery can be critical when you’ve suffered an injury of this nature, it’s imperative to contact an experienced Round Rock spinal cord injury lawyer for help as soon as you can.
Why Does Texas Have a Statute of Limitations on Spinal Cord Injury Lawsuits?
Few injuries are as catastrophic as those involving the spinal cord. Fortunately, you have the right to seek damages through an insurance policy claim or personal injury lawsuit if someone else is responsible for your spinal cord injury. However, you have a limited time to file a spinal cord lawsuit in Round Rock, Texas, which is why consulting a spinal cord injury attorney early is vital.
State law imposes time limits, known as statutes of limitations, on personal injury cases.
There are a few reasons for this:
- It encourages the timely pursuit of damages for serious injuries and losses
- Evidence can get destroyed, lost, and/or become less helpful as time goes on
- At-fault parties don’t live with the constant threat of litigation looming over them
It’s in your best interests to initiate a lawsuit within a reasonable timeframe after you’ve suffered a spinal cord injury, too. The first-year medical costs for a survivor of a spinal cord injury can range between $345,000 and $1.1 million.
For every subsequent year that a person lives with a spinal cord injury, they can spend between $42,000 and $184,000 on medical care and specialized therapy. These figures don’t even take other consequences of a spinal cord injury, like lost wages, disability, and pain and suffering, into account.
A Round Rock spinal cord injury attorney will ensure these future costs are factored into your claim. These figures don’t even take other consequences of a spinal cord injury, like lost wages, disability, and pain and suffering, into account. Just note, the longer you put off pursuing a claim, the more of these expenses you’ll have to deal with on your own.
Are There Exceptions to the Statute of Limitations for Spinal Cord Injury Cases?
Yes. There are times when the statute of limitations for a spinal cord injury case can be tolled (paused), or when a different set of rules might apply.
These include:
- Government tort claims: If you suffer a spinal cord injury because of governmental negligence, you can file a claim against a city, county, or state agency. Government tort claims are subject to their own rules and include a 180-day notice requirement.
- Child injuries: Children who suffer spinal cord injuries in Texas can have until their 20th birthday to formally pursue damages in a personal injury lawsuit.
- Workplace injuries: If you suffer a spinal cord injury at work and qualify for workers’ compensation benefits, you’ll have to report your injury to your employer within 30 days. Then, you’ll have one year to formally request benefits from your employer’s workers’ compensation insurance carrier.
The statute of limitations may also be tolled if there’s a reasonable delay in discovering your spinal cord injury. The clock begins to run once your injury has been uncovered. Consulting a spinal cord injury lawyer is the best way to determine if your case qualifies for an extension.
Contact a Round Rock Spinal Cord Injury Attorney Today
Don’t risk missing out on valuable compensation for your spinal cord injury because you miss the statute of limitations. Contact Dow Law Firm at (512) 240-995 and trust our spinal cord injury lawyers in Round Rock, TX to help you fight for the compensation you deserve.