Posted on behalf of Anderson Cummings on Jul 24, 2020 in Personal Injury
Due to the COVID-19 pandemic, states like Texas have been forced to delay court proceedings and even shut down some courthouses to help slow the spread of the coronavirus and try to keep government workers safe.
However, accidents and personal injuries are still happening, and many accident victims may have questions about whether deadlines will be extended because of these delays and the shutdowns.
Although there may be some extensions to the statute of limitations, it is important to get the claims process started to avoid a dismissal in court. Having a licensed attorney review your claim can help prevent this from happening.
If you need legal advice, contact the knowledgeable attorneys at Anderson & Cummings today to set up a no-cost evaluation of your claim. We do not charge any fees up front and we will only bill you if we win compensation for your claim.
Has the Statue of Limitations Been Extended in Texas?
Generally, the statute of limitations in Texas is two years for most personal injury claims, including car crashes, medical malpractice and wrongful death. Although this is usually a strict rule, there may be situations such as the current coronavirus pandemic that could change this period.
On March 13, 2020, a state of emergency was declared by the governor of Texas due to the spread of COVID-19. This allowed all courts to extend the statue of limitations for all civil cases, which includes personal injury claims, no later than 30 days after the state of emergency has been lifted.
On March 27, a coalition of attorney associations sent a letter to the Texas Supreme Court asking the Court to issue one limitations rule for the entire state which allows all deadlines to be tolled for 75 days after the governor lifts the state of emergency.
The Court responded five days later saying that deadlines falling between March 13, 2020 and June 1, 2020 be tolled unless extended by the Chief Justice of the Supreme Court.
This may sound confusing, so it is important to consult with your lawyer to help determine the correct due date for your claim.
Contact a Fort Worth personal injury lawyer at Anderson & Cummings today to learn more about the statute of limitations and how it may affect your claim.
What Does Tolling of the Statute of Limitations Mean for my Claim?
Tolling of the statue of limitations is like pressing the pause button on the time limits for filing a claim.
However, tolling does not prevent you from filing a claim. While tolling could be a good thing for some cases, you case might take longer to resolve.
Will I Still Be Able to Pursue my Claim During the Pandemic?
Since most personal injury claims are settled before going to court, you may be able to obtain compensation by having your lawyer negotiate a fair settlement with the insurance companies involved.
Should you need to file a lawsuit and go to trial, although the system may be backed up, the emergency order allows for all hearings, depositions, and other types of court appearances to be conducted through teleconferencing and video conferencing.
At Anderson Cummings, you can get your claim started from the safety of your own home. You can communicate with us via phone and/or video conferencing and there are electronic options for signing legal documents.
Speak to a Licensed Attorney About Your Claim
If you have any questions about your personal injury claim, including the statute of limitations, contact a licensed lawyer at Anderson & Cummings today for a no-cost initial consultation. You will not be charged any lawyer fees unless we secure financial compensation on your behalf.
It is important not to wait too long as you could be denied the opportunity to pursue compensation if the statute of limitations passes.
Call Anderson & Cummings any time 24/7 at (817) 920-9000.