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If you have been involved in an accident, one of the first steps you should take is learning how long you have to file a claim. Deadlines, otherwise referred to as “statutes of limitations”, for filing an accident claim vary depending on what state you live in, making this process even more complicated. For this reason, it is recommended that you consult a personal injury attorney in the days immediately following the accident. Not only will they be able to advise you on how to proceed and what your rights are, but they will go over the deadlines for filing a lawsuit per your state. According to Texas law, you typically have two years to file an injury claim. Please keep in mind there are some exceptions to this rule, which your lawyer will be able to advise you on.
The injuries and medical attention you will require following a car accident can be substantial, depending on the nature of your accident. If you have been injured due to another person’s negligence, distraction, or poor judgement, you may be able to seek compensation for your damages. If you decide to file a lawsuit or claim, it is imperative you understand what lies ahead and do not take any shortcuts. While it may be tempting to settle, most lawyers will advise you against doing this. Sure, taking a settlement may seem like the easy way out, but you undoubtedly will lose out on what is actually owed to you if you take this route.
Understanding Statutes of Limitations
As mentioned, statutes of limitations vary from state to state and Texas generally allows two years for a claim to be filed following an accident. That being said, it is best to get started on a claim as soon as possible because many cases are more complex than people realize. Two years may seem like a long time, but the reality is that there are numerous aspects of a case that will take much longer than you may think, including:
- The investigation process
- Getting help from consultants and experts
- Examining vehicles and other property for damage
- Reconstructing the accident
- Analyzing medical records with the help of medical experts
- Talking to witnesses and gathering any other pertinent evidence
- Court orders to obtain specific evidence needed to prove your claim
- This may include cell phone records, debit/credit card receipts, job or school attendance records, vehicle maintenance records, and maybe even a commercial truck driver’s service logs
All of these steps together are what will make your case strong and stand up in court. In order to ensure you file a claim within Texas’ statute of limitations, we encourage you to contact a Dallas personal injury lawyer from Rad Law Firm right away. We offer free consultations and are happy to discuss your case with you in detail to ensure you understand what is required to file a lawsuit in the state of Texas. Please give us a call today so we can get started on your personal injury case.
