All Press Releases for February 02, 2012

Personal Injury Statutes of Limitation

One of the most common personal injury questions is how long you have to file a lawsuit following your accident. The answer is almost always, "Not long."



    DALLAS, TX, February 02, 2012 /24-7PressRelease/ -- One of the most common personal injury questions is how long you have to file a lawsuit following your accident. The answer is almost always, "Not long." The statute of limitations varies from state to state and depends on several factors, but as a general rule, you have no more than two years to file a lawsuit following your injury.

Of course, two years may seem like a very long time when you consider the financial and emotional impact a personal injury can have on every aspect of your life. However, it is these very difficulties that may interfere with your filing a lawsuit and seeking the justice you deserve. When you are facing the impact of an injury, your focus should be on recovery. This is precisely what a personal injury attorney allows you to do. Your attorney will deal with all of the particulars of your case and allow you to focus your full attention on getting better and getting on with your life.

Date of Discovery

The two year limitation on filing a personal injury lawsuit can be a bit misleading. You actually have two years from the "date of discovery" of your injury. In states like Texas, this is extended to ten years from date of discovery if the victim is under 14 years of age.

The date of discovery is the date you first realized you had sustained an injury. In some accidents, injuries are immediately apparent, but injuries such as traumatic brain injury may take several months to begin showing symptoms. If you did not seek immediate medical attention following your accident, you may not know you were injured until long after the initial incident.

The same is true of injuries such as whiplash which may not show significant symptoms for months. The long-term consequences of these injuries can be financially and emotionally devastating, which is why you are allowed two years from the date of discovery to file a lawsuit.

Exceptions to Statutes of Limitation

Most personal injury lawsuits must be filed within two years, but there are some exceptions to these limitations. Exceptions include:

- Fraud - four years
- Municipal liability - no limitation, but notice is required within six months of the injury
- Charitable immunity - statues are waved in cases involving reckless or intentional conduct

In all cases, it is best not to wait to file. Your injuries deserve immediate attention. An aggressive personal injury attorney will work to ensure you are provided with everything you need to fully recover from your accident.

If you have been injured in any type of accident in or around Dallas, Texas, please visit the website of the personal injury attorneys at Polewski Law, P.C. for more information on your right to file a lawsuit at http://www.polewskilaw.com.

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