Personal Injury Statute of Limitations in Hillsboro
In Hillsboro, Texas, medical attention, recovery, and adjusting to a new physical reality often take up the immediate aftermath of an accident brought on by someone else's negligence. Despite these obstacles, it is crucial to remember the legal deadlines that control your ability to pursue justice. The "statute of limitations" in Texas sets a strict deadline for filing a case. You may not be able to recoup your losses if you miss this chance.
At Scanes Yelverton Talbert, LLP, we serve the residents of Hill County by protecting their legal rights from the very beginning. Understanding how these time limits apply to your specific situation is the first step in building a successful claim.
The General Two-Year Rule in Texas
For the vast majority of personal injury cases in Hillsboro, the Texas Civil Practice and Remedies Code sets the statute of limitations at two years. This means you generally have two years from the day the injury occurred to file a formal lawsuit in a civil court.
This rule applies to a wide variety of incidents, including:
- Passenger vehicle accidents on I-35 or local Hillsboro roads
- Commercial truck and 18-wheeler collisions
- Motorcycle and pedestrian accidents
- Slip and fall injuries on commercial or residential property.
- Construction site and workplace accidents
- Wrongful death claims
Usually, the clock begins to run on the precise day of the accident. For instance, you would normally have to submit your case by July 1, 2026, if you were in an accident close to the Hill County Courthouse on July 1, 2024. It is essential to contact Scanes Yelverton Talbert, LLP, well in advance of this deadline, as medical recoveries move quickly.
Why the Statute of Limitations Matters
The primary purpose of the statute of limitations is to ensure fairness in the legal system. Over time, evidence can be lost, physical scenes change, and witness memories fade. By requiring cases to be filed within two years, the law ensures that the dispute is handled while the facts are still relatively fresh.
If you attempt to file a lawsuit after the two-year period has expired, the defendant’s legal team will almost certainly file a motion to dismiss. In nearly every instance, the court will grant this motion, regardless of how clear the other party’s negligence was or how severe your injuries are. To avoid losing your right to compensation, you should contact Scanes Yelverton Talbert, LLP to begin the investigative process early.
Exceptions to the Two-Year Deadline
While the two-year rule is strict, Texas law provides specific circumstances in which the deadline may be extended or "tolled." These exceptions are rare and highly technical, making it important to have professional legal guidance to determine if they apply to your Hillsboro case.
The Discovery Rule
In some instances, an injury is not immediately apparent. The discovery rule may apply if the injured person did not know, and could not have reasonably known through due diligence, that they were injured at the time of the incident. In these cases, the two-year clock might start on the date the injury was actually discovered or should have been discovered.
Legal Disability (Minors and Mental Incapacity)
If the person injured is a minor (under the age of 18) or is of "unsound mind" at the time the cause of action accrues, the statute of limitations may be tolled. For a minor injured in Hillsboro, the two-year clock typically does not begin until their 18th birthday, meaning they would have until their 20th birthday to file a suit.
The Defendant Leaves the State
If the person who caused your injury leaves the state of Texas after the accident but before a lawsuit can be filed, the time they are absent from the state may not be counted toward the two-year limit.
Claims Against Government Entities
It is crucial to remember that the regulations change drastically if your injury occurred on government property or in Hillsboro or Hill County, involving a government employee. A "Notice of Claim" must frequently be filed well before the two-year period, sometimes even within six months, to make a claim against a city, county, or state government. Your right to sue may be lost if you don't give this official notification within the rigorous local or state deadline. You must get in touch with Scanes Yelverton Talbert, LLP right away to ensure these expedited deadlines are met if your collision involved a government vehicle or a dangerous situation on public land.
The Importance of Early Investigation
Even though two years may seem like a long time, an effective personal injury case requires extensive preparation long before a lawsuit is actually filed. When you contact Scanes Yelverton Talbert, LLP early, it allows our team to:
- Secure surveillance footage from Hillsboro businesses before it is looped or deleted.
- Obtain and preserve "black box" data from commercial trucks involved in accidents.
- Interview witnesses while their recollections of the event are still vivid.
- Work with accident reconstruction experts to analyze the scene.
- Document the full progression of your medical treatment and recovery.
Waiting until the last minute to seek legal help puts your case at a disadvantage. If a lawyer is forced to rush the filing of a lawsuit just to beat the deadline, there may not be enough time to fully identify all liable parties or accurately calculate the total cost of your future medical needs.
Negotiating with Insurance Companies
Many people in Hillsboro believe that because they are currently in negotiations with an insurance company, the statute of limitations does not apply to them. This is a dangerous misconception. Insurance adjusters are well aware of the two-year deadline. In some cases, they may intentionally slow down the negotiation process, hoping the victim will let the statute of limitations expire.
An insurance company is under no legal obligation to tell you that your time is running out. Only a filed lawsuit protects your rights. By choosing to contact Scanes Yelverton Talbert, LLP, you ensure that the insurance company takes your claim seriously, knowing that you have a legal team ready to move to litigation if a fair settlement is not reached.
Protecting Your Future in Hill County
A personal injury can derail your financial stability and your quality of life. Whether you were injured in a wreck on the outskirts of town or a fall in the heart of Hillsboro, you deserve the opportunity to hold the negligent parties accountable.
The legal team at Scanes Yelverton Talbert, LLP is experienced in navigating the nuances of Texas statutes. We take the burden of monitoring deadlines off your shoulders so you can focus on healing. We are committed to providing the Hillsboro community with diligent, strategic, and timely legal representation.
Contact Scanes Yelverton Talbert, LLP
Do not wait another day if you are ready to begin the legal process or are unsure how much time you have left to submit a claim. Evidence could disappear every day that goes by. Speak with Scanes Yelverton Talbert, LLP right now for a thorough evaluation of your case and to make sure your rights are completely safeguarded under the Texas statute of limitations. Our goal is to assist the residents of Hillsboro in obtaining the restitution and justice they are due.
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“I would like to give a big thanks to the law firm myself and to Joel Shields who represented me on my case. All cases are different, yes indeed. But one thing for sure, they are dedicated to each one of them. I am forever grateful to them for their work and dedication. For that I’m back on my feet again!”
Dannj Herr
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