How Long Do I Have to Sue After a Car Accident in Texas? |A Look at the Texas Statute of Limitations
Texas car accident laws entitle victims of car accidents to sue for damages and fair compensation against the at-fault driver's insurance company.
However, the right to file a claim after suffering loss, or physical or mental injuries, can be lost if the victims of Texas car accidents and their personal injury attorney take too long to sue the negligent parties. Schuerger Shunnarah Trial Attorneys can answer question such as, "Can I be sued for car accident in Texas?"
Car accident claim filing is regulated by the Texas statute of limitations period for personal injury lawsuits. Understanding this statute of limitations is one of the basic requirements for a reputable and experienced attorney.
Victims thinking of launching a car accident lawsuit in Texas can call Schuerger Shunnarah Trial Attorneys to handle the case and make sure they file a valid accident claim before the statute of limitations period expires.
The Time Frame for Car Accident Claims in Texas
Every year, Texas residents witness a wide range of accidents involving fatigued or negligent drivers, such as head-on crashes, accidents involving a pedestrian or bicycle rider, truck accidents, and many more.
While these accidents may be different regarding what caused the crash to occur, in all cases, according to Texas car accident laws, the at-fault driver must be held accountable.
This means any victim of a car accident in Texas can approach a personal injury law firm and be assisted in filing a personal injury or wrongful death claim. However, they must do so before the statute of limitations period expires.
In Texas, the statute of limitations regarding a car accident claim is two years from the date of the car crash, or when the injury related to the accident was discovered. This applies to both a wrongful death and personal injury claim.
There are exceptions to the statute of limitations regarding accident-related injuries if, for example, a minor was involved, in which case the statute of limitations is calculated from the date the child turns 18.
Another exception is when the victim does not know the identity of the driver, as is the case in a hit-and-run or when the at-fault driver broke the law by fleeing the accident scene. In both cases, the statute of limitations is calculated from the date the negligent driver is identified and located.
Consequences of Missing a Filing Deadline
What happens if a victim misses the filing deadline for their car accident claim? Well, the law in Texas is very clear. Any car accident claims filed after the statute of limitations has expired will be immediately dismissed from court.
This means that no matter how severe the injuries suffered by the victims are if they do not file a claim within two years from the date the accident occurred, not only will their lawsuit be thrown out of court but they will not receive any compensation for their injury claim.
However, there is a small catch in these rules and regulations. Under Texas law, the court cannot summarily dismiss a lawsuit on its own. The defense team has to file a motion to dismiss the case on the grounds that it is untimely.
How to File a Car Accident Claim in Texas
While two years might seem like a long time to file a personal injury lawsuit, in reality, the time can fly by very quickly. It is therefore important to move fast and make sure that, above all, the accident claim is filed quickly. Schuerger Shunnarah Trial Attorneys can answer questions like, "How long does a car accident settlement take in Texas?"
Victims who have suffered personal injuries, no matter how minor they may seem, need to take the following steps:
Hire an Experienced Car Accident Lawyer
Considering how determined an insurance company may be in its refusal to offer a fair settlement to the victims of a car accident caused by its policyholder, the outcome of a personal injury case usually depends on the experience of the Dallas car accident attorney.
It is, therefore, important for victims to hire reliable attorneys. Of the many personal injury lawyers in Texas, Schuerger Shunnarah Trial Attorneys is one of the most trusted law firms to help victims file good personal injury claims.
Whatever the circumstances of the car accident, victims need to make sure they file a lawsuit quickly.
This will prevent missing the filing deadline. Personal injury cases are also better handled when the details are still fresh in the minds of witnesses to the accident.
Calculate the Amount of Compensation
Victims of car accidents in Texas can walk away with huge payouts for the damages they suffered, which include:
Loss of companionship
Reduced quality of life
Pain and suffering
Future medical costs
Permanent injury or disability
These injuries vary greatly from one case to the next. As such, it is the job of the personal injury attorney to help their client calculate how much they are entitled to receive from the insurance company.
The higher the expected damages, the more difficult the case may be. This is why it is important to hire an experienced attorney who can negotiate and fight for the rights of the victims.
Set a Court Date
At times, the negligent person's insurance company may wish to avoid going to trial and, therefore, will offer what they deem to be fair compensation to the victims.
However, if the victims refuse this offer, and the insurance company does not improve on it, the case will have to go to trial. The victims' law firm will approach the court for a trial date and start preparing to go to war for their clients.
Experienced Car Accident Attorneys Can Make a Difference
With the right law firm backing them up, victims can rest assured that they will walk out of court with the compensation that they deserve.
Schuerger Shunnarah Trial Attorneys will not only go to war for their clients but also ensure that the statute of limitations is not broken.
Victims seeking compensation to cover medical bills can call 1 713-999-4150 and file a personal injury claim before the Texas car accident statute of limitations expires.