If you or a family member has a disability and would like to pursue a personal injury claim in Texas, it's important to be aware of some laws that could affect your case. A "legal disability" under Texas law can trigger an extension of time to file a personal injury lawsuit in some circumstances. Moreover, your personal injury lawyer will want to know if your disability arose from your accident because you may be entitled to compensation under the law. Finally, people with physical or mental limitations may need assistance communicating with a lawyer about their personal injury cases.
What Is a Texas “Legal Disability”?
In Texas personal injury cases, you only have so much time to file a lawsuit in court. Typically, you have 2 years from the accident date to file. In some cases, the time to file may be extended. Texas law permits minors and people “of unsound mind” (people who are mentally incapacitated) extra time to file. Essentially, the time when someone is a minor or the time when someone is “of unsound mind” is excluded from the two-year deadline. So if someone is deemed to be mentally incapacitated before a car accident and remains so for 8 months after the accident, then has an improvement in their condition and regains capacity, they would likely have 2 years and 8 months from the accident to file. However, please remember that this is just an example, and time limits may vary based on everyone's circumstances.
Notably, mental incapacity must arise before the accident to exclude the period of incapacity. In other words, someone who becomes mentally incapacitated after an accident does not receive an extension on the time to file a lawsuit. If you or a relative has post-traumatic stress, anxiety, depression, or other mental conditions that you believe were caused by an accident, you should reach out to a personal injury lawyer to evaluate possible compensation options.
Did Your Disability Arise from Your Accident?
If you developed a disability that is related to your accident, it’s time to speak with an experienced personal injury lawyer. Accidents can seriously injure the people involved, leading to lasting disabilities that may be physical or mental. For example, people hurt in car accidents may suffer from some of the following significant disabilities. Some of these disabilities are permanent, while others may improve with treatment over time.
- Traumatic brain injury (TBI) or concussion
- Loss of a limb
- Paralysis
- Post-traumatic stress disorder (PTSD)
- Broken bones
- Loss of sight or hearing
- Burned or lacerated skin
The effects of accident injuries can severely affect victims' lives in the short or long term. However, insurance companies resist paying claims for significant disabilities because, simply put, they are expensive claims. Many people with disabilities need a substantial amount of medical treatment, medical supplies, and long-term care. Moreover, some people with disabilities cannot return to the workforce in the same capacity they worked in before the accident. A good personal injury lawyer will help you assess your damages stemming from the accident and seek appropriate compensation from insurance.
Assistance to Communicate with a Personal Injury Lawyer
In addition, some people with disabilities need assistance communicating with a personal injury lawyer about their case. A disability that arose before an accident or because of an accident could make it harder for you and your lawyer to understand each other. You may have heard that communications between you and your lawyer are private. If you need assistance because of a disability to work with your lawyer, you can authorize someone to communicate with your lawyer on your behalf. Also, you can have a trusted person attend a legal meeting with you to ensure that your wishes are passed on correctly.
Our Personal Injury Legal Team Is Here For You
If you or a family member is disabled and suffered a serious injury in an accident, you need legal advice about your situation from an experienced personal injury attorney. Duke Seth, PLLC represents all kinds of personal injury clients in Texas, helping them pursue claims through settlement or trial.
The lawyers at Duke Seth, PLLC, can help you learn more about your options during a free consultation. Contact us online or call us at (214) 466-1740 to set up your appointment today.