If you have been hurt in an accident, it is important to seek legal action quickly. The court system will only accept cases for a certain amount of time after the incident occurs. This is more formally known as a statute of limitations which dictates the period in which legal remedy can be sought. After the period expires, an injured person has no right to seek compensation for damages. Therefore, it is important to be aware of your state's limitations.
There are many different statutes which apply to varying types of injuries, so it is important to consult an experienced lawyer in your area, so you are knowledgeable of the time frame you have to work within.
Within the state of Texas, professional malpractice claims including medical malpractice are to be filed within 2 years. The personal injury statute is 2 years. There is a 4 year period in which a fraud case can be filed. Libel, slander, and defamation are limited to one year after the fact. Injury to personal property is given 2 years. Lastly, contract cases must be filed within 4 years. These are only general guidelines, so it is important to consult and experienced attorney. Also, be aware that multiple cases can stem from the same incident. As in most cases, there are exceptions to the rules for specific situations. A knowledgeable lawyer should be able to counsel you as to what your options are for your specific case.
There is also a statute of repose which is not to be confused with a statute of limitations. The statue of repose sets a time frame in which a suit cannot be filed generally based on the creation of the product. Therefore, for a manufacturer of a bus might have a 20 year statute of repose after the date of manufacture, meaning if the bus is 21 years old and defective, a case may not be filed.
In general, the time frame from of the statute starts at the time of the incident. However, if the injury from the incident is not found till later the discovery rule allows the statute to start from the time the injury is found. In addition, if the injured party was a minor, the statute is "tolled". This means the running period starts when the minor becomes an adult. Tolling can also occur for victims which are mentally incompetent because of the incident, for instance a coma victim.
If you have been injured in a bus accident, visit http://www.bus-accident-lawyer.com