Statute of Limitations on Slip and Fall Cases in Texas
Deadlines for filing particular types of lawsuits are governed by states’ statutes of limitations. Plaintiffs who do not comply with applicable statutes of limitations may have their lawsuits dismissed.
You typically will have two years from the date your slip and fall occurred to file a lawsuit against the at-fault party. However, there are some notable exceptions. Additionally, important evidence can deteriorate if you wait too long to bring your claim to court. Therefore, you should try to file your slip and fall lawsuit as quickly as you can.
In the aftermath of a harmful slip and fall in Texas, seek assistance from our Irving slip and fall lawyers at The Queenan Law Firm by calling (817) 476-1797 to assess your potential claim for free.
Time Window for Filing Slip and Fall Cases in Texas
The deadline for filing a slip and fall lawsuit in Texas is established by Tex. Civ. Prac & Rem. Code § 16.003. Usually, you have 2 years from when your accident happened to file your case against the responsible party. If you fail to adhere to this time limit, then your potential claim may be dismissed, and you will miss out on the chance to recover payment for your injuries.
Even though you may have 2 years from the date of your accident to bring your claim to court, you should attempt to get in touch with our Forth Worth slip and fall attorneys quickly after suffering your injury. Crucial evidence needed to support you case may deteriorate or become misplaced as time passes. The sooner you get in touch with our legal team, the more efficiently we can work on building your case.
Furthermore, there are many other conditions that must be satisfied when filing a Texas slip and fall case. For example, you should file in the correct jurisdiction, pay any necessary filing fees, attach required supporting documents, serve all named defendants, and ensure that you file a complete claim. If even one of these requirements is not adhered to, then you might have to refile your claim. By bringing your slip and fall lawsuit to court as quickly as you can, you may give yourself more time to file again if necessary.
Are There Exceptions to the Standard Time Limit for Filing Slip and Fall Lawsuits in Texas?
There are exceptions to the standard, 2-year time limit for filing a Texas slip and fall case. For instance, if your child was injured because of a slip and fall, then you may file a lawsuit for them. Furthermore, after they turn 18 years old, they will have until their 20th birthday to file their own lawsuit related to the accident sustained before reaching adulthood.
Furthermore, the time limit for filing your claim may be extended if you were not aware of your injury right away. For example, you may have suffered an internal injury that did not become noticeable until a significant amount of time had passed since your accident. In that case, the 2-year time limit for filing your case would not begin to count down until the date you discovered or should have discovered the injury. In order for this exception to apply, you must be able to prove that your injury was inherently undiscoverable in the immediate aftermath of your accident.
Factors that Can Delay Your Slip and Fall Lawsuit in Texas
There are several issues that can potentially delay the progress of your slip and fall case. For instance, it may take a substantial amount of time to establish the facts surrounding your accident. The defendant will likely disagree with your assertions regarding how your fall happened and your degree of fault. Accordingly, it can take a long time to deal with opposing counsel and prove that your description of the accident is accurate.
Furthermore, significant disputes may revolve around the value of your case. Defendants often attempt to settle plaintiffs’ slip and fall claims for less than they are worth. You may have to enter into intense negotiations to obtain an adequate settlement offer before trial. Still, even after negotiation, an appropriate offer may not be presented. In that case, you will have to go to trial to obtain the compensation you are owed.
Your slip and fall lawsuit may also be delayed if you are still receiving medical treatment for your injuries. If you are still receiving treatment, then the court may delay proceedings until it is completed.
What is the Process for Recovering Payment in a Slip and Fall Case in Texas?
Every slip and fall lawsuit is unique. Still, there is a certain path that each case must follow. The first step for your case will likely involve evaluating the strength of your claim. You must review the facts of your case to determine if the necessary elements have been established.
After assessing your potential case, you can begin gathering evidence that supports your argument. There is a wide range of evidence that can be used to prove fault for a slip and fall. For example, surveillance footage, witness testimony, photos from the scene, and accident reports may all be utilized.
The next step will involve bringing your case to court. You should attempt to file your case as soon as possible to avoid any potential violations of the statute of limitations. Additionally, by filing your case quickly, you can more easily preserve the evidence needed to recover payment from the at-fault party.
After your case has been filed, you may enter into settlement negotiations with the defendant. If you accept their settlement offer, then you will receive a certain amount of payment and your lawsuit will be dismissed. However, many defendants try to entice cheap settlement agreements. You may need to go to trial to obtain the full extent of payment available to you.
Finally, if a settlement offer is not reached, you will present your case in court. At trial, you must demonstrate that your harmful slip and fall was caused by the defendant’s negligence.
After Suffering a Slip and Fall in Texas, Call Our Attorneys for Support
Get help from our Houston slip and fall lawyers at The Queenan Law Firm by calling (817) 476-1797 today.