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How Long Do I Have To File A Brain Injury Lawsuit In Texas?
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Suffering a brain injury can have life-altering consequences, impacting your physical well-being, emotional state, and financial stability. If you or a loved one has experienced a brain injury in Texas due to someone else’s negligence or wrongdoing, it’s crucial to understand the time limitations associated with filing a brain injury lawsuit.
Understanding The Statute Of Limitations In Brain Injury Lawsuits
Definition Of Statute Of Limitations:
The statute of limitations establishes a legal timeframe within which a lawsuit must be initiated. It varies depending on the nature of the case and the jurisdiction. In Texas, brain injury lawsuits fall under personal injury law, and thus, the statute of limitations for filing such cases applies.
Two-Year Limitation:
In most cases, the statute of limitations for brain injury lawsuits in Texas is two years from the date of the injury. This means that you have two years from the date of the brain injury to file a lawsuit seeking compensation.
The Importance Of Acting Promptly
Gathering Evidence:
Taking immediate action is essential when it comes to brain injury lawsuits. Acting promptly allows you to collect and preserve crucial evidence that can support your case. As time passes, memories fade, witnesses become harder to locate, and evidence may be lost. By acting promptly, you improve your chances of building a strong case.
Consulting With A Brain Injury Lawyer:
Seeking legal counsel from an experienced brain injury lawyer in Texas as soon as possible after the injury occurs is crucial. A lawyer can guide you through the legal process, evaluate the merits of your case, and ensure all necessary paperwork is filed within the specified timeframe.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
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Exceptions To The Statute of Limitations
Discovery Rule:
The discovery rule comes into play when the full extent of a brain injury is not immediately apparent. It allows the statute of limitations to start from the date when the injury was discovered or reasonably should have been discovered. This exception is applicable if the brain injury wasn’t immediately noticeable or its causal connection to an incident or accident was not immediately apparent.
Minors:
If the injured party is a minor at the time of the brain injury, the statute of limitations may be tolled. This means the clock doesn’t start running until the minor reaches the age of 18. This provision ensures that minors have a fair opportunity to pursue legal action once they reach adulthood.
Incapacitated Individuals:
In cases where the injured person is mentally incapacitated or deemed legally incompetent, the statute of limitations may be paused until the individual regains mental capacity. This provision allows individuals with brain injuries to file a lawsuit once they are capable of doing so.
Seeking Legal Advice
Importance Of Legal Expertise
Brain injury cases involve intricate legal and medical aspects. A skilled brain injury lawyer possesses the necessary expertise and knowledge to handle your case successfully. They are familiar with the relevant laws, court procedures, and strategies required to build a strong claim.
Case Evaluation
When you consult with a brain injury lawyer, they will evaluate the details of your case. They will assess the circumstances surrounding your brain injury, review medical records, and gather any available evidence. This evaluation helps determine the viability of your claim and the potential for obtaining compensation.
Understanding The Applicable Statute Of Limitations
As discussed earlier, the statute of limitations for brain injury lawsuits in Texas is generally two years from the date of the injury. However, exceptions may apply, depending on the specific circumstances of your case. A brain injury lawyer will have a deep understanding of these exceptions and can determine whether they are relevant to your situation.
Building A Strong Case
A brain injury lawyer will work diligently to gather evidence, interview witnesses, consult with medical experts, and assess the impact of the brain injury on your life. They will formulate a comprehensive legal strategy to present a strong case on your behalf. Their goal is to establish the liability of the responsible party and seek maximum compensation for your damages.
Negotiations And Settlements
In many brain injury cases, negotiations with insurance companies or the opposing party are necessary to reach a fair settlement. A skilled brain injury lawyer will advocate for your best interests during these negotiations, ensuring that you receive the compensation you deserve. They will have the negotiation skills and experience to engage in effective discussions and pursue a favorable outcome.
Trial Representation
If a fair settlement cannot be reached through negotiations, your brain injury lawyer will be prepared to take your case to trial. They will use their expertise to present a compelling argument, cross-examine witnesses, and advocate for your rights in the courtroom. Having a knowledgeable trial attorney by your side can significantly increase your chances of success in litigation.
Contingency Fee Arrangement
Many brain injury lawyers work on a contingency fee basis, which means they only receive a payment if they secure compensation for you. This arrangement provides access to legal representation without upfront costs and ensures that your lawyer is motivated to achieve the best possible outcome for your case.
For a free consultation, call Texas Brain Injury Lawyers at (888) 532-0071.
There are no obligations and it’s free. It’s simply a discussion about what you can do to improve you situation and how we may assist.
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