Premises Liability Statute of Limitations

Premises liability attorneys will tell you to act quickly after you have been injured to file a lawsuit. One of the reasons why you need to get to work sooner rather than later is the statute of limitations. Under Texas law, you have two years from the time that you were injured or should have known you were injured to file a lawsuit.

Missing this deadline is the death knell of your legal right to compensation. The best thing that you can do is contact a premises liability attorney immediately to take the first steps in the legal process. The experienced premises liability lawyers at Nix Patterson are to help you fight for the compensation you deserve when a property owner’s negligence has injured you.

How Statutes of Limitations Work

The law imposes a deadline for you to file a lawsuit. In other words, your legal rights have a shelf life to them. Once the time limit passes, your legal right to compensation may cease to exist. Each state has a law that sets a statute of limitations in a personal injury case. Once this deadline passes, you will completely lose the right to seek compensation in any manner. You cannot file a lawsuit against the defendant, and the insurance company would deny any claim that you file.

The statute of limitations is a hard and fast deadline. There is no leeway by even a day. If you miss it, even in a short amount of time, you forfeit the right to a settlement for your premises liability injuries. It does not matter that you did not have a lawyer. there is no give in the law, and the courts are unforgiving.

If you miss the statute of limitations, your case would be dismissed without even reaching the merits. The defendant may plead the statute of limitations as an affirmative defense or a judge could raise the issue on their own. Either way, you do not get your day in court.

The Reasons for the Statute of Limitations

The law aims to treat everyone who is a party to the process fairly. Defendants have their own rights.  The policy reason behind the statute of limitations is that it would be unfair to surprise the defendant with the lawsuit at a certain point well into the future. You may still have your own evidence at that time, but the defendant would not have access to proof that could help them make their case in court. The defendant would be on notice for a certain amount of time. After that time, they would not need to worry about being sued.

The Various Deadlines

Texas has a statute of limitations in personal injury cases. The premises liability statute of limitations is two years from the time that you were injured or should have known that you were hurt to file a lawsuit. Usually, the statute of limitations begins to run on the date of your accident because that is when you are first hurt and know it. However, the deadline may not always begin to run then. There are times when you may not realize that you have been injured until sometime after the accident when you begin to feel symptoms. Then, the statute of limitations starts at the time that you learned of your injuries.

Of course, the law would not reward you if you fail to act in the face of obvious symptoms. For example, if you have been feeling pain for quite some time and you have not seen a doctor, the statute of limitations does not begin to run on the date of your diagnosis. Instead, the clock starts ticking at the time when you should have known that you were hurt.

Are There Any Exceptions to the Statute of Limitations?

There are some exceptions to the statute of limitations, but they are very limited in nature. If you did not learn of your injuries immediately, the clock begins to tick on the day when you actually knew or should have known about them. Other exceptions include when the defendant was out of state and could not be served or when they committed fraud that kept you from learning of your injuries.

You do not want to be in the position of having to argue that an exception to the statute of limitation applies. You have the burden of proof to demonstrate an exception, and it is often a high one. If you are beginning your case by trying to resuscitate it after the statute of limitations has expired, you have long odds of getting financial compensation. It is better to hire an attorney early and let them manage your case.

Making the Most of Your Time

Since you have a limited amount of time, you cannot afford to waste it. If you contact a premises liability attorney close to when the two-year deadline elapses, you may find yourself in a difficult position because your lawyer cannot prepare your claim in time to beat the deadline. This does not mean that an attorney must file your lawsuit or claim as soon as you hire them. It takes time to prepare the claim and negotiate with the insurance company.

The best thing that you can do with your time is hand your case over to an experienced premises liability attorney at the first possible opportunity. Your attorney will keep an eye on the clock and manage the deadlines in your case. they will handle all of the details of your claim, allowing you to focus on your physical recovery. The key thing is not to waste any time and do everything that is under your control. In this case, perhaps the only things that are under your control are getting medical help and contacting a lawyer.

How To Beat the Statute of Limitations Deadline By Filing a Lawsuit

Some attorneys tell you that you need to file your lawsuit today to beat the statute of limitations. There is no need to rush the actual filing of the case because you have up to two years. It is more important that your premise liability attorney takes the time to get things right when they file a lawsuit on your behalf.

Nonetheless, you need to keep an eye on the clock because you can lose time when you are dealing with the insurance company. They will use all of the delaying tactics possible because they also have their eye on the clock, and they want you to have to rush when it comes time to find the lawsuit.

As long as you file a lawsuit in court before the statute of limitations elapses, your case should be heard. It does not matter if you file a year before it expires or a single day. The legal process would still unfold no matter what. However, if you file an insurance claim days before the statute of limitations expires, you have no recourse if the insurance company denies your claim after the statute of limitations passes. Only filing a lawsuit in court is enough to put your marker down before the time deadline lapses.

Your Chances of Settlement

Your chances of success in a premises liability case depend on the evidence that you have of both liability and your injuries. The thing that will put you in a position for success is when you have proof that someone else did something wrong that caused your injuries. Without this proof, you are not eligible for any compensation.

In a premises liability case, negligence means that the property owner, or the person in control of the property, failed to act reasonably under the circumstances. When your premises liability attorney is able to build a strong case in your favor, the insurance company may be more likely to come to the table to talk. Then, the insurance company may have some fear of the potential results should you take your case to a jury and win.

Even if you have filed a premises liability lawsuit, there may still be a chance that your case settles. It is very rare for any type of personal injury case to go all the way to trial. When the insurance company sees that they cannot get your case dismissed or you have built strong proof through the discovery process, they may be more afraid of reaching the jury.

How Much Can I Receive in a Premises Liability Lawsuit?

Proving liability is only the first chapter in your premises liability claim. When you are able to show that someone else was responsible for your injuries, they become legally obligated to fully compensate you for all the damages they caused you. The exact amount of your compensation depends on your specific circumstances. You can be paid for both your direct economic losses and your more subjective non-economic losses. While non-economic losses may seem intangible, they greatly impact your day-to-day life.

Since most personal injury cases do not go to trial, your compensation is dependent on what you are able to negotiate with the insurance company or defendant. Your premises liability lawyer will conduct these negotiations on your behalf because they are able to put a suitable amount of pressure on the insurance company. The prospect of litigation is what forces an insurance company to pay up when their policyholder has injured you. Insurance companies fear going to court because it raises the cost of doing business and introduces the risk of an adverse jury decision.

Contact a Texas Premises Liability Attorney Today

If you have been injured on the property of another, you may be entitled to substantial financial compensation.

Our premises liability lawyers can help you with the following types of premises liability cases:

• Slip and falls
• Negligent security
• Fires
• Swimming pool accidents
• Supermarket accidents
• Stairway accidents

Your settlement check only comes at the conclusion of a lengthy and difficult legal process that may require a fight with the insurance company. To avoid missing the statute of limitations and surrendering your right to compensation, you should schedule a free initial consultation with a premises liability lawyer to discuss your case.

The attorneys at Nix Patterson have a track record of success when we fight for our clients. Get in touch with us online or by giving us a call at 512-328-5333. And remember — you pay us nothing unless you win your case.