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Wrongful death claims face time limits for court action

The loss of a loved one in unforeseen circumstances can cause a sense of grief for surviving loved ones that never goes away. But while the grief and sorrow may seem to be everlasting, it is important for those who are suffering to remember that the law does not leave the door for seeking compensation and recovery open indefinitely.

Just as there are statutes of limitations for when the state of Texas can file criminal charges in nearly any case except murder, there are statutes of limitation for bringing civil actions. In the case of a personal injury claim, the law sets the statute of limitations at two years from the date of the accident.

This prohibition appears to have played a role in the decision by a Galveston County woman to sue a motorist for injuries she suffered. That suit was filed on July 1, 2015. The accident occurred on July, 4, 2013.

According to the suit, the woman was walking along Sixth Street in Texas City when the motorist allegedly ran a red light and struck her. The victim suffered neck and back injuries in the collision. But she says she has also suffered ongoing pain, impairment, disfigurement and emotional distress. She claims the accident resulted in a loss of earnings and enjoyment of life and a significant medical expense.

Because the woman's needs are said to exceed the jurisdictional limits for recovery in some courts, she is pursuing the suit in Galveston County District Court. This represents another aspect of the legal system that reflects why working with an attorney is always advised.

Source: SETexasRecord.com, "Pedestrian sues motorist over Independence Day accident damages," Carol Ostrow, Aug. 5, 2015

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