Car accidents can leave victims with hefty physical, emotional, and financial burdens. The aftermath can quickly get overwhelming, especially when you’re healing from your injuries. When it comes time to deal with insurance companies and legal deadlines, a car wreck lawyer can help you get through the process with less stress.
Statute of Limitations in Texas
The statute of limitations sets the time frame during which you have to file a lawsuit after a car accident. In Texas, that deadline is typically two years from the day the accident happened. It applies to most types of personal injury claims that involve physical injuries and property damage.
Of course, filing a lawsuit isn’t the only part of the legal process. You’ll also need to collect evidence and negotiate with insurance companies, and putting the whole case together will take time. If you wait too long, you could miss your chance to be compensated for your losses.
The two-year deadline applies to most car accident cases, but there can be exceptions to that rule, such as:
- Cases Involving Minors: For anyone under 18 who’s injured, the statute of limitations doesn’t start to count down until they turn 18
- Government Involvement: If the accident involves a government entity, such as a city-owned vehicle, you might have as little as six months to file a claim
- Discovery Rule: In rare cases, if the injuries aren’t immediately apparent, the clock might restart when the injury is discovered
Because these exceptions are nuanced, it’s important to talk to a car accident lawyer early on so you don’t accidentally miss your chance to be compensated.
What Happens if You Miss the Filing Deadline?
If you don’t file a lawsuit within the timeline outlined in the statute of limitations, you could lose the right to seek compensation. Courts likely won’t take the time to hear your case, and insurance companies won’t negotiate if they know you’ve missed the deadline.
This can leave you solely responsible for hospital bills, lost wages, and other damages you suffered as a result of the accident. However, there could still be ways to address your situation, especially in cases with extenuating circumstances. A car wreck lawyer can help you figure out what options you might have.
Why It’s Important To Contact a Lawyer Right Away
Time is a critical factor in any car accident claim. Acting quickly matters in these cases for a number of reasons, including the following:
- Preserving Evidence: The sooner you reach out to a car accident attorney, the better your chances are of saving evidence before it disappears or deteriorates
- Meeting Deadlines: Your lawyer will make sure you meet all legal deadlines, including filing notices and claims with insurers or the courts
- Stronger Negotiations: Early legal representation can help you deal with insurance adjusters, who like to find ways to minimize or outright deny claims
Even if you think you have plenty of time, unexpected delays can quickly throw a wrench into the process. Starting early gives you and your attorney the best chance of winning your case.
What to Do if You Think You’ve Missed the Deadline
Not sure whether you’ve missed the deadline to file a lawsuit? Don’t automatically assume you’re out of luck. There are likely still a few things you can do, such as:
- Contact a skilled car wreck lawyer to look over your case, figure out which deadlines apply, and identify any possible exceptions
- Gather relevant paperwork, such as accident reports, medical records, and letters from insurers, so your attorney can assess your case quickly
- Don’t make assumptions about your legal standing, as your lawyer can figure it out for you
- Act fast to show that you’re serious about your claim, even if it’s unclear whether you’ve missed the deadline or not
When you hire legal counsel, they’ll help you clarify your options, even if you’re worried that you might have waited too long.
FAQ
What if the At-Fault Driver Is Uninsured?
If the other driver didn’t have insurance, you might still be able to recover damages through your own insurance policy if you have uninsured motorist coverage.
How Does Shared Fault Affect My Case?
Texas follows a modified comparative fault rule, which means you can recover compensation as long as you’re less than 51% at fault for the crash. However, your payout will be reduced by your percentage of fault.
Can I Still File a Claim if I Didn’t Call the Police?
A general rule of thumb is to contact the police for any type of crash, big or small, so you have a record of what happened. However, even if you didn’t call the cops and don’t have a report, you don’t always need one. Other evidence, like witness statements or photos, can support your claim just as well.
What Damages Can I Recover?
Each case is different, so the types of damages that a person can recover will vary. Usually, though, car accident cases see payouts for hospital expenses, lost wages, property damage, and non-economic damages like pain and suffering. An attorney will be able to figure out the full scope and amounts you can file for.
Don’t Wait Too Long to Protect Your Rights
Missing the opportunity to file a claim can mean devastating consequences for your finances. That’s why knowing and acting on legal deadlines gives you the best chance of recovering damages. If you’ve been involved in a car accident, contact Ramsey Law Group today to schedule a free consultation of your case.