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How Much Time Do I Have to File a Car Accident Claim?

Posted By The Law Office of Daniel D. Horowitz, III PC || 30-Jan-2020
Picture of a woman injured after a car accident

After a car accident you have a specific amount of time to file a claim. This time limit is also known as a statute of limitations. If you plan on filing a claim, you must be aware of the applicable statute of limitations for your case. Our Houston personal injury lawyer details what you need to know about the statute of limitations for your car accident case below.

Legal Options for Texans After an Auto Accident

In the event of a car accident, one or more of the following is likely to occur:

Personal Injury

Personal injury refers to bodily injuries sustained in the car accident. Common injuries include broken bones, burns, concussion, whiplash, back and muscle pain. The severity of your injuries will vary depending on the severity of the collision.

Our Houston personal injury lawyer recommends speaking to a doctor after a crash even if you suspect no injuries. This is because some injuries take time to manifest. Having a medical professional examine you will help your car accident case in the long run.

Pursuing a personal injury claim can secure compensation for your injuries. This compensation may cover medical expenses, wages lost, and other damages.

Property Damage

In the event of a collision, it is likely that both vehicles will take damage. In simple fender bender or sideswipe cases, this damage will be minimal. In more extreme cases, the accident may total your car.

Texas is an at-fault state for car accident cases. This means the person most responsible for the accident is liable for these damages. A successful car accident case can give you the compensation needed to fix your car.

Wrongful Death

In very extreme car accidents, the force of the collision may cause death. If the other driver was responsible for the crash, they are liable for wrongful death in the state of Texas. Our Houston personal injury lawyer works hard to bring justice to wrongful death cases.

After a car crash, any or a combination of the above may result. In Texas, you can pursue legal action against the at fault driver in each of these cases. Proving this driver liable for the crash will secure the compensation needed to overcome your difficulties.

Statute of Limitations in Texas

Each state sets its own statute of limitations for various legal actions available to its citizens. Texans pursuing a personal injury, property damage or wrongful death case will have to meet the state’s deadline for filing. Failure to meet this time limit will terminate your case, so filing on time is imperative.

In Texas, each of these cases has a two-year statute of limitations. This means that you must file a claim within two years of the accident for the claim to be valid. The statute of limitations can be found here:

Personal injury: Texas Civil Practice & Remedies Code § 16.003(a)

Property damage: Texas Civil Practice & Remedies Code § 16.003(a)

Wrongful death: Texas Civil Practice & Remedies Code § 16.003(b)

Contact Our Houston Personal Injury Lawyer to Discuss Your Options

If you have been in a car accident in the Houston area, you should speak with a Houston personal injury attorney. The sooner you start building your case, the better. Waiting until the statute of limitations is up means you may not finish in time. The last thing you want is to miss a deadline and lose out on the compensation you need to get your life back on track.

To learn more about your legal options after a car accident, contact our office today. You can contact us for a free consultation at (832) 225-4902 or by submitting a form online.

 

Categories: Car Accidents
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