May 27, 2020

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DUI Accident Statute of Limitations

In the cases of death or injuries, road accidents are one of the major causes. The reason may vary from negligence to part malfunctions, to drunk driving. However, the latter has the most occurrences considering that a lot of men and women today frequent waterholes. At times, they would grab a bottle of alcoholic drink whenever they have problems. Before they realize everything, though, they have already sped off the road. They have hit a pedestrian, a bystander, or another vehicle on the road.

Injured from DUI accident

Persons who get injured from a DUI accident have a right to file a claim for damages or seek compensation from those who were responsible for the injury. They can always find a lawyer who could help them in filing the proper lawsuit in court. However, lawyers are not the type to do ambulance chasing and offer their services to those who got injured in accidents. This is considered unethical in the profession. Hence, it now becomes the responsibility of the injured party to seek out the right lawyer and in ample time.

Timing

The timing of the filing of the lawsuit is crucial in guaranteeing that you can receive compensation for your injury. It is always best to immediately seek the help of a houston dwi defense lawyer from the moment that the accident happened, so that the lawyer may file the appropriate lawsuit and claim for damages. If these are not done within two years from the date of the accident, the statute of limitations would be up, and you, as the victim, would be facing the possibility of your case being dismissed. The disastrous effect would be your inability to claim for damages or receive any form of compensation, even if you were an innocent victim.

DWI Defense Law Firm

In individual states, the statute of limitations is two years, and a DUI accident law firm knows about this. So they could inform you ahead of time that you need to file the case at the earliest possible period before the statute of limitations is up. In exceptional instances wherein you might have been a victim of a DUI accident. Still, the injuries you suffered didn’t have any external symptoms, then the rule of discovery would follow. This means that the statute of limitations would start running from the day that your injury was discovered. It must be proven, however, that the damage was the effect of the DUI accident that you figured in before.

Protocols To Follow

DUI accident lawsuits have specific protocols to follow, and one of these is determining whether the injury was brought about by the DUI accident or not. This is easy if the day after the accident happened; you immediately sought out the help of a lawyer and filed the proper lawsuit. However, if you waited for quite some time, and any external manifestations of an injury were gone, the burden of proof would lie slowly in your hands.