Statute of Limitations in San Antonio Catastrophic Injury Cases

Catastrophic injuries are among the most severe. They encompass spinal cord injuries, traumatic brain injuries, amputations, and other devastating, permanent injuries. If you have encountered a catastrophic injury, it is important that you act quickly and secure legal counsel.

One reason why you should act quickly in the wake of an accident like this is because of the statute of limitations in San Antonio catastrophic injury clases. A statute of limitations puts a time limit on how quickly you must take action in order to secure compensation. Here are a few things you need to know before you file your catastrophic injury claim with a skilled attorney.

What Is the Statute of Limitations for Catastrophic Injuries?

The statute of limitations is the legal deadline for filing a lawsuit. According to Texas Civil Practice & Remedies Code § 16.003, a person has two years to file a claim following a catastrophic injury. For instance, if a person was severely injured in a truck accident on May 1, 2023, they typically have until May 1, 2025, to file a claim. This two-year time limit applies to most personal injury lawsuits, including those involving catastrophic harm.

The statute of limitations matters in catastrophic injury cases because a person in San Antonio may be left with extensive medical bills. Catastrophic injury claims may include long-term medical care, loss of income, permanent disability, and other expenses. Missing a deadline can mean permanently losing the right to recover compensation at all, regardless of injury severity.

Special Circumstances That Can Affect the Filing Deadline

The clock on the statute of limitations in San Antonio typically begins when the injured person discovers or reasonably should have discovered the catastrophic injury. For instance, a person may suffer a brain injury after a fall, but the symptoms might not be apparent right away. The two-year countdown may start when the injury is first diagnosed rather than when it occurred.

Additionally, claims involving minors are subject to special circumstances. The statute is typically paused until the minor turns 18, at which point the two years will begin counting down. For instance, a 16-year-old injured in a car accident may have until their 20th birthday to file a claim.

Some cases have special rules and shorter deadlines under the Texas Tort Claims Act because they involve government entities, including public transportation companies. In these situations, the injured party must provide notice of a claim within six months of the incident.

Steps Injured People Can Take to Protect Their Rights

Anyone who has faced a catastrophic injury should seek medical treatment immediately and follow through with any recommended treatment. During this time, document all expenses, diagnoses, and impacts of the injuries. Injured parties should also consult with a lawyer as soon as possible. Early legal help can prevent mistakes and ensure deadlines are met.

Call a San Antonio Attorney for Help With the Statute of Limitations in a Catastrophic Injury Claim

A lawyer will investigate the incident, gather evidence, and calculate any damages that you may have incurred in the wake of your injury. A lawyer will determine the exact statute of limitations based on factors specific to your case. They will also handle notice filings and preserve your legal rights whenever possible.

State law gives a limited window to act after a catastrophic injury. Avoid running into the statute of limitations in San Antonio catastrophic injury cases. Get in touch with our knowledgeable attorneys to ensure you do not miss a critical legal deadline.