If you were injured because of unsafe conditions on someone else’s property, you have a limited time to consider filing a lawsuit. Keeping the McAllen premises liability statute of limitations in mind will ensure that your claim will be heard. A seasoned premises liability attorney could guide you through the process and ensure that your lawsuit is filed on time. This increases the chance that you will get the compensation you deserve.
What Is the Statute of Limitations for a Premises Liability Lawsuit?
The statute of limitations is the time limit within which an injured person can file a lawsuit. Texas Civil Practice and Remedies Code § 16.003 sets a two-year statute of limitations for personal injury cases, including McAllen premises liability cases. This means the injured person needs to file the lawsuit within two years of the date their injury occurred. The entire process does not need to be completed during this two-year period, and many lawsuits take multiple years, especially if they go to trial. The time limit is only for the initial filing.
Some exceptions can extend the statute of limitations. If the injured person is mentally incapacitated or under the age of 18, they are legally incapable of filing a claim, so the two-year statute of limitations is paused. Injured minors have two years from their 18th birthdays to file a lawsuit. If the injured person’s mental capacity improves and they are able to file, they have two years from the date they are declared mentally capable. The timeline can also be extended if the injury is considered inherently undiscoverable, in which case the two years begin when the injury is actually discovered. For example, if a contractor is exposed to a toxic substance that a homeowner should have known about and develops symptoms five years after completing the job, they could still have two years to file a lawsuit. Proving how and when the injury happened can be very difficult in these cases, so it is vital to enlist the help of an attorney.
Why Is the Statute of Limitations Important?
If an injured person files their premises liability lawsuit late, the court will typically refuse to hear the case at all. This prevents the person from securing both justice and compensation. Filing in a timely manner also makes the process easier. Evidence like maintenance records and security camera footage is more likely to be available, and eyewitnesses are more likely to remember what happened. Connecting the unsafe conditions with the person’s injuries is also simpler when less time has passed since the injury. A McAllen attorney could help the injured person decide when to file, to both comply with the statute of limitations for premises liability cases and understand the full scope of their injury.
Discuss the Statute of Limitations for Premises Liability With a McAllen Lawyer
The McAllen premises liability statute of limitations is important to understand after being injured on someone else’s property. An injury lawyer could assess your premises liability case, determine whether you have a good chance of success, and file your lawsuit on time. Working with an attorney makes the process less stressful and could increase your chances of securing the best possible outcome. Seek the services of KGS Law today.