There are many ways you can be injured in a business or on another person’s property. Many of these accidents are caused by wet surfaces, improperly maintained premises, unsafe conditions, etc.

Some of these accidents are minor, but many can inflict long-term physical damage to you or a loved one. Costs can mount quickly, and you’re overwhelmed by a mountain of debt before you know it.

It’s critical to note that you can receive compensation for your injuries, medical treatment, lost wages, pain and suffering, and much more in a vast number of these cases. However, as in most all legal matters, there are timetables or “statute of limitations” in which to file your claim.

If you want and need to take legal action, you simply cannot wait long. In Texas, the statute of limitations for a premises liability claim is usually two years from the date of your accident. Suppose you fail to file your lawsuit within these two years. In that case, you will permanently lose the opportunity to recover any compensation for your injuries, medical expenses, lost wages, and more. The Texas “statute of limitations” is a law that will prevent you from filing your lawsuit after this two-year period has passed.

If you file your lawsuit after the statute of limitations has run, you usually will be barred from having that claim even heard by the court, regardless of how strong your case may be.

So, even if you consider filing a premises liability claim, consulting with an experienced, knowledgeable San Antonio premises liability law firm is always in your best interests. Understand that your case does not need to be tried by a court or a jury in that time. The statute of limitations requires only that you file a lawsuit within the proper time limit. Your experienced personal injury lawyer will know exactly when to present your case effectively and obtain your deserved compensation.

What Should I Do Immediately After My Accident?

There are numerous personal injury cases, many of which can be legally classified as premises liability cases. These include slip and falls, snow, and ice accidents, inadequate maintenance of the premises, falling debris due to construction or inadequate maintenance, etc.

Also, statistically, premises liability cases (slip & falls, etc.) are a leading case for hospital emergency room visits. Suppose you’ve been injured in an accident on someone else’s property, in a business, or due to anyone’s fault. In that case, you must document (or have someone assist you) everything that occurred as accurately as possible.

There are a few essential things to remember:

  • First, get immediate medical help – See that a doctor treats you as soon as possible so that they may determine just how seriously you are hurt, and at the same time obtain a written professional diagnosis of just what was inflicted upon you.
  • Identify exactly what happened or what caused the incident – Write down your thoughts, or get help to record them as soon as possible. This information can aid the medical staff in treating you and prove invaluable in court to help your personal injury lawyer prove your case.
  • Take photos and get the witnesses’ names–This will also help your medical team and help you definitively prove what occurred. If you cannot do this yourself, have a friend or someone at the scene assist you.

The more accurate, detailed, and thorough your information is (including photos, witnesses, etc.), the better it will be to be accurately medically treated. It will also help your San Antonio premises liability lawyer get the funds needed to recover financially.

Can the “statute of limitations” Be Extended In a Texas Premises Liability Claim?

It sometimes feels that whenever a mistake is made in the law, you can always go back and fix it. If you file for divorce and then change your mind, you can always go back and refile.

However, when it pertains to a civil lawsuit, such as “premises liability,” you don’t have this luxury. If you do not file within two years, your case will be dismissed.

Of course, there are some legitimate exceptions to the statute of limitations in Texas. However, they are few, and you must follow precise legal guidelines.

Some of these are:

  • You are a minor – Here, it’s possible that the statute of limitations won’t start until you are eighteen.
  • The defendant fraudulently avoids being served – To sue someone, you must properly serve them. If the defendant commits fraud to avoid being served, the statute of limitations period could be placed on hold.
  • You are deemed mentally incompetent – If the court considers you mentally incompetent, the statute’s period will be extended. It will not start again until you are deemed competent once more.

Your personal injury lawyer is best suited to help you if this situation arises and will be familiar with all relevant exceptions that may help your case.

Who Is Usually Responsible for Your Premises Liability Accident?

Property and business owners must ensure that their properties are safe for anyone who enters them. This includes guests, those who are invited, and even in some cases, trespassers.

If the property (or business) owner is aware of a hazard on their property and does not fix it, and you are injured, they will be held liable.

Some examples of premises liability accidents include:

  • Inadequate maintenance
  • Slip and fall accidents
  • Dangerous conditions
  • Defective security
  • Poor weather conditions
  • Inadequate lighting

Whatever the reason for your accident, your San Antonio premises liability lawyer will thoroughly analyze your case, detail and calculate current and possible future expenses, and get you the compensation you deserve to recover.

I Have To File a Texas Premises Liability Claim; How Should I Proceed?

First, remember that time is of the essence in all these cases.

So, if you’ve been injured on someone else’s property or place of business, don’t suffer in silence or try to negotiate with them or the insurance companies alone! These cases are legally complex, and insurance companies have scores of lawyers to help them.

As soon as possible, consult with an experienced and successful San Antonio premises liability law firm that will fight to obtain fair and just compensation for you and your family. Do this immediately, so you retain the opportunity to get the financial help you need to recover and financially thrive.