To ensure that relevant evidence is still available and prospective defendants do not have to spend years with the threat of a possible lawsuit hanging over their heads, Texas state law has “statutes of limitations” that set deadlines for various types of legal proceedings. With very few exceptions, someone who fails to begin a legal proceeding before the applicable deadline expires will have their case thrown out of court for being “time-barred.”
This makes it vital for people injured while riding their motorcycles to understand what the Colleyville statute of limitations for motorcycle accident claims is, as well as what circumstances may change the deadline applicable to them. Below is a brief overview of how state law addresses this matter, each part of which a knowledgeable motorcycle wreck lawyer could explain in more detail during an initial consultation.
What Is the Standard Statute of Limitations for Motorcycle Crash Claims?
The “statute of limitations” for most motorcycle accident cases in Colleyville and most other personal injury claims filed in the Lone Star State is codified in Texas Civil Practice & Remedies Code § 16.003. According to this section of state law, someone who intends to file suit against another person for negligently or wrongfully causing them to suffer a physical injury has two years from “the day the cause of action accrues” to formally start the legal process.
Generally, a “cause of action” occurs on the date when a specific negligent act actually causes a personal injury. However, in rare scenarios, it may be considered to have occurred on the date when the injured person first became aware—or reasonably should have become aware—that they were hurt directly through the misconduct of another person. Either way, it is worth emphasizing that while settlement negotiations are not bound by this deadline, it is virtually impossible to get a settlement offer of any kind once this deadline passes, since there would no longer be any threat of a lawsuit.
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Possible Changes to Statutory Filing Deadlines
While there are not really any exceptions to the statute of limitations for Colleyville motorcycle accident claims, there are certain circumstances under which the start date of the two-year filing period may be “tolled” to a later date. For example, if someone under the age of 18 gets hurt in a motorcycle wreck, they technically have until two years after their 18th birthday to file suit over their injuries. However, a parent or guardian suing on that minor child’s behalf would still be subject to the usual two-year deadline.
Along similar lines, the filing period for a motorcycle crash resulting in a rider’s premature death would still be two years in length most of the time. However, the start date of that filing period would be the date of the deceased person’s death rather than the date of their accident. A qualified legal professional could explain what deadlines may apply to a specific case during a private initial consultation.
A Colleyville Attorney Could Help File a Motorcycle Accident Claim Within the Statute of Limitations
Two years may sound like a lot of time under most circumstances, but when it comes to building a strong civil claim around injuries stemming from a motorcycle wreck, it is not very much time at all. Regardless of the specific deadline you are subject to, it is always best to contact legal counsel sooner rather than later after a crash so you can get started on your claim as quickly as possible.
Complying with the Colleyville statute of limitations for motorcycle accident claims is one of many things an experienced lawyer could provide irreplaceable assistance with during your lawsuit or settlement demand. Call today to learn more.
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