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A spinal cord injury can be a life-altering event, bringing emotional, physical, and financial challenges. If your injury was caused by someone else’s negligence or reckless behavior, pursuing a lawsuit may provide the compensation you deserve. However, it’s crucial to act quickly—Texas law places strict time limits on how long you have to file a personal injury lawsuit.
The Statute of Limitations for Spinal Cord Injury Lawsuits in Texas
The statute of limitations is a legal time limit determining how long accident victims must file a lawsuit. For personal injury cases, including those involving spinal cord injuries, Texas law generally provides a time frame of two years from the date of the injury.
Why Does the Statute of Limitations Exist?
Statutes of limitations serve several purposes:
- Encouraging timely action: The prompt filing of lawsuits ensures that evidence, such as eyewitness accounts and medical records, remains fresh and reliable.
- Providing fairness to all parties: Ensuring that defendants aren’t burdened with defending against claims years after an incident occurs.
If you fail to file your lawsuit within the two-year window, you may lose your right to seek compensation, no matter how compelling your case may be.
Exceptions and Special Considerations
While the two-year deadline applies to most cases, some notable exceptions and circumstances could alter this time frame, depending on the specifics of your situation.
Discovery Rule
Sometimes, injuries aren’t immediately apparent after an accident. The discovery rule allows victims to extend the statute of limitations in cases where the injury or its connection to the defendant’s actions wasn’t known or reasonably discoverable at the time of the incident.
For example, if you develop symptoms or learn that a delayed diagnosis worsened your spinal cord injury, the statute of limitations would begin once you become aware—or should have reasonably become aware—of the injury and its cause.
Minors and Incapacitated Adults
If the injured person is a minor (someone under the age of 18) or legally incapacitated at the time of the incident, the statute of limitations may be paused—or “tolled”—until a later date.
- For minors, the two-year clock doesn’t start until their 18th birthday. This means they generally have until age 20 to file a lawsuit for an injury sustained as a child.
- For incapacitated individuals, the statute of limitations may not start until they regain legal capacity.
Government Liability Cases
If your injury was caused by a government employee or entity, such as a public transportation accident, stricter deadlines and additional procedural requirements may apply. Under Texas law, individuals have as little as six months to provide written notice of their claims, though some local governments may impose shorter notice periods. Consult an attorney immediately if you believe a government entity may be involved.
Wrongful Death Related to a Spinal Cord Injury
If a loved one has passed away due to a spinal cord injury caused by negligence, the deadline to file a wrongful death lawsuit is generally two years from the date of their death—not the date of the original accident.
The Importance of Acting Quickly
Even if you believe you have plenty of time to file a claim, taking prompt legal action is critical for several reasons.
1. Preserving Evidence
Memories fade, witnesses become harder to locate, and physical evidence may deteriorate over time. Acting quickly ensures that critical information is gathered and preserved to support your case.
2. Timely Medical Documentation
Medical records play a key role in proving your injuries' extent and impact on your life. Delays in seeking legal assistance may result in gaps in documentation, which insurance companies or opposing attorneys may use to dispute your claim.
3. Building a Strong Case
Spinal cord injury lawsuits often require expert testimony from medical professionals, accident reconstruction specialists, or life care planners. Early involvement of a legal team allows these experts to analyze your injury and develop a compelling case for fair compensation.
What Happens if You Miss the Deadline?
Failing to file your spinal cord injury lawsuit within the statute of limitations will likely result in the dismissal of your case. This means you will lose the opportunity to seek compensation for medical bills, lost wages, pain and suffering, and other damages related to your injury.
While there are exceptions to the statute of limitations, courts apply these rules strictly, and the plaintiff has the burden of proving eligibility for an exception.
How Legal Representation Can Help
Navigating the legal complexities of spinal cord injury claims can be daunting, but working with an experienced legal team can make the process more manageable. Here’s how an attorney can support your case:
- Determining Deadlines: Your lawyer will calculate the exact deadlines that apply to your case, ensuring no critical filing dates are missed.
- Gathering Evidence: Attorneys can help secure medical records, accident reports, witness statements, and expert opinions to strengthen your claim.
- Handling Complex Procedures: Legal professionals ensure that all paperwork is filed properly and that any necessary exceptions to the statute of limitations are addressed.
Dallas Spinal Cord Injury Attorneys
At J. Alexander Law Firm, our team of experienced attorneys is dedicated to helping victims of spinal cord injuries receive the justice and compensation they deserve. Contact us today at (214) 206-3264 to get started.