Statute of Limitations for San Antonio Spinal Cord Injury Claims

While you have the right to seek civil compensation if someone injures you through their own reckless or careless actions, you do not have unlimited time to enforce that right. As with other states, the Lone Star State sets a filing deadline known as the statute of limitations on personal injury litigation, ensuring that evidence remains relevant and no one has to endure the looming threat of a lawsuit indefinitely.

Complying with the statute of limitations for San Antonio spinal cord injury claims is essential for obtaining fair financial recovery. Learn how this aspect of the civil litigation process works, as well as what a capable spinal cord injury attorney from the Felix Gonzalez Law Firm can do to help you navigate it.

How Does the Statute of Limitations Work?

Even though spinal cord trauma often has lifelong consequences that may take years or even decades to fully manifest, most lawsuits over spinal cord injuries are subject to the same statute of limitations as other types of injury cases. Under Texas Civil Practice & Remedies Code § 16.003, a person who suffers injury through the negligent or wrongful act of another has a maximum of two years to file suit starting from the date on which they first had a cause of action to sue.

Generally, the cause of action for a spinal cord injury lawsuit in San Antonio is the moment the prospective plaintiff sustained their injury, meaning that the statute of limitations will allow them two years from the date of that initial accident to file a lawsuit. If an injured person tries to file suit after their two-year filing period expires, their lawsuit will often be summarily dismissed, leaving them with no legal means to seek compensation for their injury.

The Discovery Rule and Other Possible Deadline Extensions

There are no exceptions to the statute of limitations for San Antonio spinal cord injury lawsuits, but under certain circumstances, the court may accept changes to the starting point for the standard two-year filing period. For example, if someone did not discover—and, crucially, could not reasonably have discovered—their injuries when they were initially hurt, the discovery rule allows them to file suit up to two years after the date on which they discovered their injury, rather than when the injury actually occurred.

Delays are also sometimes allowed for plaintiffs depending on the circumstances of their injuries—for example, if they were a minor when their injury occurred or if the person at fault for their injury engaged in criminal fraud to hide what they did. A skilled legal professional can explain what filing time limits may apply to a particular case during a private initial consultation.

Talk to a San Antonio Attorney for Help Filing a Spinal Cord Injury Claim Within the Statute of Limitations

Two years can be a deceptively short period of time to construct a personal injury lawsuit that withstands scrutiny from defense counsel, insurance adjusters, and civil court judges and juries. It is crucial to get in touch with legal counsel as soon as possible to learn about the statute of limitations for San Antonio spinal cord injury claims before your claim expires.

The Felix Gonzalez Law Firm is ready to help you hold people accountable for their misconduct and recover fair compensation for the harm they caused you. Learn more by calling today.