Statute of Limitations for Texas Car Accident Claims
Car accidents are an inconvenience to many drivers. The negative repercussions are from physical harm, all the way to mental stress, time wasted, and car damage. However, if the driver is not in the wrong, they are entitled to compensation by holding the person who caused the crash financially liable for the damage. In this blog post, we’re looking at all the things you need to know after being involved in a car accident, as well as how long you have to sue in the state of Texas.
What’s The Process You Need To Follow?
Our legal system is adversarial in nature, meaning that the parties to a lawsuit are opposing parties and that the winner is the one who makes the best case. A lawsuit begins when one party files a pleading with the court, asking the court to take action on the basis of a complaint or petition. A lawsuit is typically filed after a contract is broken. In the US, lawsuits can be filed in state or federal court. If you’re in an accident and it’s the other person’s fault, you may be able to sue for compensation.
It is important to note that not all cases require a lawsuit because the accident may be minimal – meaning no persons were harmed, just the car (with little damage at that), which will allow the insurance company to compensate the repair costs. On the other hand, if there was more damage done then a lawsuit would be beneficial to the victim(s).
The duration of time allowed to file a claim
The time limit on suing after a car accident is dependent on the state one lives in – some have a maximum of one year and others have six years. The majority of states have their limit between two to three years from the date of the accident. In Texas, it is two years. Insurance companies have the duration of 35 days to settle a filed claim which is simply acknowledging the claim and coming to the decision of whether or not they’re accepting to pay the settlement. Unfortunately, if a claim is not filed during the stipulated statute of limitation, then the victim is deprived of exercising their right to compensation.
The reason for the statute of limitation is to protect defendants over a variety of criminal and civil matters that require the court’s attention. The pursuit of a lawsuit within a timely manner will prevent evidence from being lost (for example, the accurate memory recollection of the plaintiff – the one who filed the claim, and those of any witnesses). In addition, it would be highly unreasonable if the courts were subjected to listening to a trial of a case that occurred over ten or twenty years ago. Essentially, it is imperative that these cases are dealt with within a decent time period.
Steps to take for a successful claim:
Get a car accident lawyer
They will be helpful in identifying the correct legal action to take depending on the state of the accident, the extent of harm caused, and the cooperation from the perpetrator and their insurance company. The lawyers may also be of assistance in calculating a decent price for the settlement. In essence, they are the best advisors and they offer free consultations. For example, the accident could fall under these categories: car accidents, trucking accidents, motorcycle accidents, Uber/Lyft accidents, bicycle and pedestrian accidents, wrongful deaths, and other personal injuries.
File the claim as soon as possible
File the claim as soon as possible in order to remember the correct details of the accident rather than waiting years to do so. This is because the evidence will be required for trial success such as photographs, videos, police reports, medical reports, etc. to prove the accident occurred. Also, it may be a tedious process to follow through with a lawsuit therefore accuracy of the situation is crucial.
Compensation: How Much Can You Expect?
As mentioned earlier, an attorney can aid in calculating the compensation. This takes certain variables into consideration like for example the severity of the injury (less compensation for less physical damage and vice versa), cost of medical expenses (bills gathered since the accident and future pending bills), loss of wages (the time taken off of work resulting in income loss), the amount of evidence gathered (the more evidence gotten, the stronger the case will be) and the attorney’s ability to argue the case (a skilled attorney with experience can ensure fair and just compensation for the client). A victim of a car accident should be aware of these variables in order to fight for their well-deserved compensation.
Reach Out To Our Team Today To Learn How Much Time You Have To Sue After A Car Accident in Texas
If you’re ever involved in a car accident anywhere in Texas and want to know how long you have till you need to file your car accident claim, get in touch with our team at 888-335-0015. We are able to provide you with information about this and help you come to terms with any issues arising from being involved in a car accident of any kind.