According to Texas law, you have a set time limit to file your legal claim after being involved in a motor vehicle accident. If you cannot reach an agreement with the insurance company to provide compensation for your damages and injuries, then filing a lawsuit is the next logical step to collect the compensation you are owed.
However, in Texas (like in many other states), you have an established amount of time for filing your personal injury lawsuit after a car accident. The time limit’s official name is “statute of limitations.”
If you fail to file a lawsuit before this time limit is over, you’ll lose your ability ever to file a claim. For the state of Texas, the time limit to file a personal injury lawsuit after your car accident is just two years. The clock “starts ticking” when your accident occurs.
Also, this statute of limitations applies to anyone who files a lawsuit, including bicyclists, motorcyclists, drivers, passengers, and pedestrians who suffered an injury because of the accident. The statute of limitations will also apply to filing your claim to receive compensation for property damage that occurred.
Do you believe you have a case and need to file a personal injury lawsuit due to a car accident? If so, get in touch with our legal team to learn more. We can review your case and help you recover the compensation you are owed.
Why Are There Statute of Limitations on Car Accident Lawsuits?
The court system created statutes of limitations for various civil and criminal matters. These help to protect defendants. They encourage the plaintiff (the individual filing the lawsuit) to file their claim in a timely manner. It also helps ensure that important evidence isn’t lost and that witnesses who testify can recall their side of things accurately.
The longer ago your accident occurred, the more likely people are to forget everything that happened, important details, and more. Evidence can also be lost, hurting your ability to receive compensation.
Is It Smart to Settle with the Insurance Company for Your Car Accident Claim or File a Personal Injury Lawsuit?
If you have experienced a personal injury because of a car accident, you shouldn’t agree to a settlement offer from the insurance company until you discuss it with an experienced attorney. The goal of an insurance company is to settle a claim quickly, at the least cost to them.
While insurance companies may try to rush you to sign the papers, the goal is to get you to agree to a settlement that eliminates your ability to file future claims for the least amount of money possible. Hiring an experienced personal injury accident attorney will help you recover the compensation deserved for your injuries and damages. It also means you will likely receive a larger settlement than the initial offer from the insurance company.
How Much of a Settlement Can You Receive for Your Car Accident Claim?
The settlement amount you will receive for a car accident claim will vary greatly. Several factors impact the compensation you receive. Some of the main ones include:
- Your injuries severity: You will probably get more compensation for a severe head injury than a minor sprain or strain.
- Accident-related medical costs: This will include all the costs you have incurred since the accident happened and any medical bills you receive related to the accident in the future.
- Lost wages: If an accident resulted in you missing work, you might be able to recover the wages you lost.
- Evidence: Evidence is a key element of any personal injury lawsuit. The more you can provide, the stronger of a case you will be able to present.
- Skill of your attorney: An experienced and professional personal injury attorney will be an invaluable resource who can help you recover the full amount of compensation you are entitled to.
How Long Will It Take to Settle Your Case?
Just like the damages you can receive vary based on your situation and circumstances, so does your case duration. Some cases are simple where liability is clear that can be settled quickly. However, when liability is not known or denied, the case can take much longer to settle. Your attorney will be able to give you more information and details about how long your case will likely take to settle.
Call Our Legal Team for Help Today
If you have a car accident claim, it is good to get in touch with our car accident attorney right away. We will review the facts of your case and help defend your claim to help you recover the compensation you deserve. Get in touch with us today to learn more about our legal services.