You’re probably used to dealing with deadlines. You have deadlines you need to meet at work and even your monthly bills are due by a specific date. If you miss a deadline, penalties usually apply.
You may receive a reprimand or even a demotion at work. Missing a payment deadline typically results in a late fee that you must also pay.
Did you know your personal injury case also has deadlines? Understanding personal injury lawsuit deadlines is a crucial part of the legal process. Missing a deadline can hurt your personal injury lawsuit.
What is the Statute of Limitations for Filing a Personal Injury Claim
Before you file a lawsuit to recover compensation for damages sustained in an accident, you start with a claim, which differs from a lawsuit. The primary difference is you’re not involving the legal system. In other words, the accident details are being handled out of court.
You and your attorney sit down with the at-fault party’s insurance adjuster and try to reach a compensation agreement. Hopefully, everything goes smoothly, and you don’t need to worry about court-related deadlines.
However, you need to pay attention to Texas’s statute of limitations. For most personal injury claims, you have two years from the accident date to file for compensation with the at-fault party’s insurance company.
What happens if you miss the statute of limitations? In most instances, if you miss the two-year deadline, you can’t file a claim for damages. However, there are a few exceptions:
- Minors may pause the statute of limitations until they turn 18. From there, they have two years to file an injury claim.
- Accident victims whose injuries are severe enough to prevent them from participating in the claims process may be able to pause the statute of limitations until they recover.
- If the defendant moves out of the state or country and can’t be served with the legal notice can be another exception to the statute. The filing deadline kicks back in once the defendant is located.
These are a few examples of situations when it’s possible to temporarily pause the state’s statute of limitations. However, it’s best to consult with an attorney before presuming an exception applies in your case.
Deadlines for Filing Court Documents in a Personal Injury Lawsuit
When negotiations with the insurance adjuster fall through after countless meetings, your next course of action is typically filing a lawsuit in civil court. Since you’ve started the claims process, the statute of limitations no longer applies. However, you have new deadlines to keep track of.
Once you file your case in civil court, you must serve the defendant with a service of citation, which is a legal document informing the defendant they’re named in your lawsuit. The court clerk takes care of serving the citation and the defendant has 60 days to respond. If the defendant can’t be located or refuses to accept the citation, the court clerk will note this in your case file.
So, what happens to your lawsuit? The answer can vary here. If the defendant’s insurance company is also named in your lawsuit, your case can usually move forward, and this applies only if the insurance company receives a service of citation from the court.
If only the unreachable defendant is named in the lawsuit, for example, an insured driver, your case may be paused until they’re located.
Additional Filing Deadlines
You can’t do much about the service of the citation deadline since the court clerk’s office is responsible for this part of the legal process. However, this isn’t the only deadline you’re going to need to meet. Throughout your lawsuit, there will be other deadlines you don’t want to ignore.
Some examples of other deadlines include discovery motions. Both you and the defendant will file motions of discovery before your case is heard in court. If you miss this and any other filing deadlines, your case may be dismissed. Whether or not you can refile your injury lawsuit may depend on the judge’s discretion.
Most court judges will overlook one missed deadline, especially if it occurs at the start of the process. However, don’t depend on the judge overlooking the mistake. Even if your case is allowed to move forward, your credibility in the eyes of the court can be diminished.
Improperly Filling Out Forms
You should be prepared to fill out a lot of forms. Yes, it can seem like the court only exists to send more paperwork your way. However, each form is a vital part of your injury lawsuit and they come with specific filing deadlines—don’t miss a filing deadline.
As we already mentioned, it can result in your case being dismissed or the loss of your credibility. Your compensation amount can even be affected. Missing a deadline can result in the court awarding you a lower compensation amount.
By now, you should understand how important it is to meet every deadline. Now, it’s time to consider how you fill out the various forms. Some are relatively straightforward; you supply basic information like your name and address. Other forms are a little more complex; you may be asked to provide specific details about the accidents and events leading up to the incident for example.
Don’t rush through the paperwork, even when a deadline is looming. Take your time and read each question carefully. Making a mistake on a form can have the same consequences as missing a deadline.
The court may even look at the misinformation as an attempt to file a fraudulent claim. This is something you want to avoid since it will negatively impact your injury lawsuit.
Let An Attorney Take Care of the Deadlines
After being injured in an accident, you have a lot to manage, and your primary focus should be on your recovery, not the various deadlines associated with your case. By working with an experienced personal injury attorney, you won’t have to worry about missing any filing dates.
Your attorney will handle all the legal aspects, making sure that everything is filed correctly and on time, which allows you to concentrate on healing, knowing that your case is in capable hands. Your attorney can also provide valuable advice and support, helping maximize the compensation you receive.
