If you are involved in a car accident, filing a claim for your damages and injuries may be the last thing on your mind. However, it is critical to note that there is a time limit within which you can file a lawsuit in the court of law that is governed by the statute of limitations.
Statute of Limitations in Texas for Car Accident Claims
When a car accident has occurred in Texas, the state has a specific predefined timeline in place for their statute of limitations. It is crucial to always keep the state’s time period requirement in mind as you file your claim. This applies to anyone that was involved in the accident including the driver or passenger of the car, bicycle, motorcycle, as well as a pedestrian. If you were to file a lawsuit for vehicle damage, the deadline to do so is also based on Texas guidelines.
An exception to the statute of limitations is if there was a fatality in the accident. In such cases, the family members or representatives can file for wrongful death from the date of the person’s death. For example, if the accident occurred in March and the victim was in a critical condition and passed away in May then the clock starts ticking in May on the date of the death.
It is important to note that if you fail to file your lawsuit within the required time period, the defendant’s attorney can file a motion to dismiss the case and the court can grant it unless any rare exceptions apply to your case. Hence, it is always recommended to file for claims on time and not wait until the last minute. Even if you are confident that your case can be resolved through the insurance claim process, it is recommended to file the lawsuit early. Also, if the case is a standard personal injury claim, its success depends on your ability to prove negligence. By filing a claim as early as possible, you can leverage from a negotiated settlement perspective.
Statute of Limitations in Texas for Filing a Claim Against a Government Worker
If the car accident was caused by the negligence of a person working for the state of Texas, you typically have six months from the date of the accident to file your claim. Filing for such claims involves submitting an injury claim in writing to the state department where the person is working providing details that led up to the accident. This report should contain all the relevant information that will help the state review your claim.
How can a Good Car Accident Attorney Assist Your Case?
If you have suffered a personal injury as a result of a car accident in the state of Texas, it is suggested to get in touch with a good car accident attorney who can assist you in developing a strong case by reviewing police reports, witness testimonies, bills, and expenses so that you receive fair compensation for your injuries and damages. The insurance companies always have their own profits in mind and may offer you a settlement early on in an accident claim. However, a knowledgeable and professional car accident lawyer will help in preparing your personal injury lawsuit and talk to the insurance companies on your behalf so that you receive the compensation that you rightfully deserve.