Statute of Limitations for a Car Accident Case in Denton
The statute of limitation for a car accident case in Denton is the last day at which a person can file a lawsuit. If a person files outside of this legal deadline, it is an affirmative defense that the defendant can use to get the case dismissed.
In Texas, the statute of limitations for civil claims, including those stemming from motor vehicle wrecks, is two years from the date of the accident. An experienced local attorney could ensure that you meet this strict deadline and protect your right to compensation.
Statute of Limitations Exceptions in Denton
There are some situations in which the legal deadline may be extended, the most notable being when the injured party is a minor or someone with disabilities. These individuals lack the capacity to make certain decisions and therefore are not eligible to file a claim on their own unless the disabilities are removed.
What that means for a minor, for instance, is that their “disabilities” are removed when they reach the age of majority. In other words, the statute of limitations does not start until they turn 18 years old, meaning if a ten-year-old is injured in a car accident, they have ten years to file a civil claim in Denton.
If the claimant is permanently disabled, it is often best for their caretaker or guardian to file a claim on their behalf within the two-year time limit. This could help preserve evidence that may otherwise become inaccessible over time.
What Happens if the Car Accident Trial Goes Beyond the Legal Time Limit?
It is important to understand that a car crash suit simply needs to be filed before the legal deadline expires for the case, and the claimant’s rights, to be preserved. Settlement negotiations and trial can take a long time, and in some cases may extend well beyond the two-year timeline. That does not matter if the claim was filed and the defendants were served in time.
However, there are situations where the vehicle accident claim was filed within the local statute of limitations, but the wrong defendant was named. In other cases, a defendant may not be named. Sometimes the statute of limitations can run against the correct defendant if an improper defendant is named. This can make it difficult or even impossible for the claimant to fully recover the compensation they are owed. For that reason, careful lawyers want to file the case well within the statute of limitations when they can, unless they are absolutely sure that they can name and serve the correct defendant.
Discuss the Statute of Limitations for Car Accident Cases with a Denton Attorney
It is imperative that people injured in vehicle wrecks file their civil claim within the legal deadline in order to protect their right to compensation. Failure to meet the statute of limitations for a car accident case in Denton could result in you being permanently barred from financial recourse, regardless of the merit of your claim.
To protect your right to legal recourse, get in touch with a hardworking and well-practiced legal professional in the area. Our team of seasoned attorneys could answer any questions you may have and help you move forward with your case in a timely manner. Call our office today to schedule your free consultation.