Exceptions to the Two Year Statute of Limitations

Exceptions to the Two Year Statute of Limitations

There are, however, exceptions to the two-year statute of limitations:

When the Plaintiff is a Minor, Child.

A wrongful death claim on behalf of a minor child can not expire until the child is of legal age. The two-year statute of limitations, therefore, does not start to count down until the child’s 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child’s claim would be extended until two years after they are of legal age (their 20th birthday). Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18.personal injury law - limitations

Even so, a minor child is not restricted to waiting until they turn 18 to pursue a wrongful death claim. A parent or guardian can pursue the claim on behalf of the minor child. This is usually a better idea than waiting because the evidence necessary to win a wrongful death case will usually vanish long before the child becomes of legal age.

When a parent or guardian pursues a wrongful death case on behalf of a minor child, the court will appoint an ad litem (a non-biased, third-party attorney) who will review the terms of the settlement or jury verdict to determine that the resolution was fair and in the best interest of the child. This keeps family members and other parties from helping themselves to the child’s claim. Once the case is resolved, the money is put into the court’s registry and is made available for the child when they come of legal age. The ad litem legal representative is also allowed to invest this child’s money, under certain clear circumstances and only with the supervision (and at the discretion) of the court.

When the Defendants or Their Negligence Were Unknown

Wrongful death cases in Texas are subject to the “discovery rule” which states that the two years do not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. A perfect example if the differences in this discovery rule would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Wrongful death from a construction accident usually doesn’t take very long to determine if someone’s negligence lead to the death of your loved one. So the discovery process usually begins relatively quickly.

But on the other hand, imagine that a person takes a pharmaceutical drug and dies due to complications from taking that drug. Then, ten years after this death it is determined that the drug was defective and that this defect was a direct cause of that loved one’s death. One of the decedent’s family members – typically the spouse – would more than likely be able to file a claim even though the standard two-year window had expired. The idea behind this is that the plaintiff did not know that they had a case until years later: which would, therefore, extend the statute of limitations.

Put our experience to work for you, today! If you want to know what your rights are, and how Texas Statute of Limitations laws affect you and your surviving family members after the accidental death of a loved one, even if the events or time-frame for filing your lawsuit are unclear, we can help you understand the best way to proceed with your claim, how much compensation you can reasonably expect to secure, and the right time to spring into action against the negligent defendants and their well-funded insurers and attorneys.accident attorneys

We can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim, in addition to “hanging back” and waiting for the right moment. In the words of Sun Tsu, “Make no battle until the outcome is foregone and favorable.” Because sometimes, waiting and preparing is the best strategy.

Contact our wrongful death attorneys at our Texas Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you and your family during your time of grief and doubt.

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Truck Accident Law Firm – Personal Injury Attorneys

Are you searching for a Texas Truck Accident Attorney?  Were you injured in a truck accident? Was another driver responsible for the truck accident? Our experienced legal experts have a wealth of experience handling cases involving tractor trailer trucks or big rigs involved in truck accidents.

Drivers share our roadways with an estimated 3.5 million truck drivers. These massive vehicles can weigh up to 80,000 pounds and they are driven on freeways at speeds of up to 70 mph. When a motorist in the average sedan or compact car is struck by an 18 wheeler at high speeds the consequences and injures are often catastrophic.truck accident attorneys

In one year alone, there were 503 people killed in the United States by trucks upwards of 10,000 pounds, according to statistics compiled by the National Highway Traffic Safety Administration. Additionally, there were 10,287 fatal accidents involving smaller trucks including pickups, utilities and vans, statistics show.

Our truck accident law firm has 30 years of experience working with injured victims of truck accidents. We are  committed to helping clients with truck accident cases which are typically far more complex than the typical auto accident lawsuits. Those injured in a truck accident need an attorney with a high level of skill, experience, and resources to settle or to bring to trial before a jury. Call our office for a free consultation to learn more.

Attorneys Specialize in Truck Accidents

Those injured in a truck accident should only consult experienced Truck Accidents Attorneys to protect their interests and achieve the most desirable outcome. Motorists injured in a truck crash will need to negotiate with multiple responsible parties. Semi-trucks, bob-tail trucks, delivery trucks, flatbeds, tractor trailers and all other types of commercial vehicles are usually driven by an employee working for an employer. The employer’s insurance carrier will be involved and often these are specialty carriers who have at their disposal some of the best truck accident investigators, attorneys and adjusters. It’s not uncommon for some trucking companies to have their own team of experts and attorneys at the scene of an accident before most truck crash injury victims have time to gather their wits. Our team of truck accident specialists will conduct multiple investigations to determine liability in a truck accident. Commercial truck drivers for example are required to abide by specific regulations called Hours-of-Service that limit how long they can drive on our roadways. These regulations help ensure that truck drivers get sufficient rest so they can drive safely. Our clients have peace of mind knowing that we are experts in this field and have won millions of dollars for our injured clients. The investigation will include answering some of the following questions:

Was the truck owner for negligent?

Were there equipment defects?

Were the truck driver’s actions negligent?

Were there faulty repairs to the truck?

Are there other parties who may be liable for the accident?

Our expert truck accident law firm will get to work immediately on your truck accident case. Our legal team will interview witnesses, obtain police reports, conduct a site investigation, schedule medical exams, and perform many other tasks required to put together a case against a negligent driver.

The work required to prosecute a negligent driver can be time consuming and expensive, but only an experienced truck accident attorney will be able to determine if you have a valid case against another driver. Once we determine that you have a case against a negligent driver we will proceed to work diligently to win you compensation for your injuries, pain and suffering. Call for a free consultation to learn more.semi truck accident attorneys

Are you a victim of a truck accident?

The first step you should take after you are injured in a truck accident is to seek medical treatment. Next, preserve any evidence such as photographs of the accident, your injuries, the accident scene, etc. Get names of any witnesses, the responding police officer and the drivers involved in the crash. Never discuss who is at fault after an accident because you may not have all the facts. The insurance company has its own best interests in mind and it’s best not to let them be in charge if you are injured in a truck accident. Call a truck accident attorney who has the resources and expertise to handle the complexities of your particular case because delaying an investigation can be a costly decision. Call our office for a free truck crash consultation as soon as you are able.

Most large truck accidents result in serious physical injury to victims. If you or a family member are a victim of a truck accident call for a free confidential consultation with an experienced and caring truck crash attorney.

How much does your firm charge to handle my case?

We offer our services on a contingency fee basis. Personal injury law firms that use this fee structure are able to offer their services to a client without charge unless the law firm obtains a settlement for its client. Once we decide to take you on as a client, we get paid only when we win your case. We charge no up-front fees or costs, no filing fees, or court costs. We get paid when you get paid. Call our office for a free consultation to learn more about what our legal team can do to assist you.

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The Cost Of Invisalign Treatments Can Vary

Invisalign prices can vary and the cost may deter some individuals from proceeding with the corrective treatment. However, it is important to regard the process as a long-term health investment. A variety of factors determine the overall price and many medical professionals offer some flexibility in payment, so price alone should not deter Invisalign candidates from considering the treatment.invisalign treatment

How much does Invisalign Cost ?

According to the website for Invisalign, the cost of treatment per individual tends to be between $3,500 and $8,000, with an average of $5,000. This cost is typically comparable to the price for standard metal braces, which do not boast the near invisibility and practicality of Invisalign. In an effort to estimate the cost of the treatment process, Invisalign cost can be determined using a payment calculator on the company’s website. The quote calculator takes into consideration the average cost, insurance coverage, payment terms, and other factors in an effort to provide potential patients with the financial information they need in order to make their decision.

Factors in Determining Invisalign Cost

One of the most obvious factors in determining Invisalign cost is the severity of the teeth’s misalignment and the correlating length of treatment. The process may be quicker if only minor straightening is needed, which could reduce the overall expense for the patient. Also, orthodontists may charge more due to their specific training, so the type of medical professional administering treatment factors into the cost. Additionally, the location of the doctors’ offices can help determine price, as the costs associated with medical treatment tend to be higher in large cities. The costs of X-rays, appointments, and after care are also factors in the overall price.

Invisalign Cost with Insurance

Out of pocket expenses for Invisalign treatment are partially determined by costs that may be covered by insurance. Many health or dental insurance policies provide orthodontic coverage, which may include Invisalign. According to the website for Invisalign, insurance covers an average of more than $500 in treatments costs. Some insurance companies cover up to 30% of costs while others provide no compensation, though it is important to note that consulting an insurance company representative is the best way to determine if coverage exists.

Payment Options
Recognizing the large expense it can entail and that some candidates do not go forward with treatment because of the cost, many doctors allow Invisalign cost to be divided into affordable monthly payments. Patients who are able to make a payment in full prior to treatment may receive a discount for doing so, which helps to decrease the overall expense. Some places of employment offer Flexible Spending Accounts, which allow employees to contribute money for medical expenses to an account that is not subject to payroll taxes, thus resulting in employee savings.orthodontics - invisalign braces

Treatment to correct misaligned teeth can be expensive, particularly for those with other financial commitments. Visiting multiple dentists and orthodontists for consultations may also help candidates find the lowest possible Invisalign prices. Fortunately, patients may be able to take advantage of flexible payments or explore a number opportunities to reduce the overall cost of Invisalign. More on this website

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