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How Long Do I Have To Sue After a Car Accident in Texas?

Sep 19, 2022

How Long Do I Have to Sue After a Car Accident in Texas?

Every state has its own laws related to car accidents, including who can sue and how long they have. You don’t usually have to decide immediately if you want to sue, but there are limits. The time frame a state gives you between the time of the accident and when you can file is called the statute of limitations.


The Statute of Limitations for Car Accident Claims in Texas

Car accidents can cause physical or mental injuries, lead to high medical bills, and missed time off from work. They can also lead to the loss of property and put an additional burden on you when you don’t have a car to drive.


People who suffer these types of losses often wait to file their claims. They might not realize the severity of their injuries, or they aren’t aware of their rights. In Texas, you have two years from the date of the accident to file a claim. That means you can file one year and 364 days after the accident, but you should file as soon after the accident as possible.


Waiting to file a claim might make it look as though you aren’t seriously injured. The at-fault driver might claim that you gave your injuries time to get worse. Filing quickly gives you time to learn about your rights and prepare a case without the risk of running out of time. If you fail to file a claim during the statute of limitations, you will lose your right to compensation.


When You Can Sue and When You Can’t

Texas is an at-fault state. This means that if you aren’t at fault for the accident, the person who caused the crash is financially liable for damages to your person and property. Another difference in Texas car accident laws is that you can only sue the individual actor and not their insurance company. The person’s insurance company may provide defense when sued and pay any judgment up to the limits of their policy. However, you will have to direct contact with the at-fault driver’s insurance company.


How to File a Car Accident Claim

Filing an accident claim isn’t a guarantee of winning your case. You must submit proof that the car accident caused your damages and injuries. Some steps to take to help make your claim successful include:


Get a Car Accident Lawyer

An experienced car accident lawyer knows your rights and the appropriate action according to the conditions of your accident. They can calculate an accurate amount for a settlement that will increase your chances of a positive outcome. Start by scheduling a free consultation and take all of your evidence with you. This includes the police report, medical reports and bills, photos of the accident scene, the contact information of any witnesses, and anything else you have collected. The more you have for the attorney to work with, the more effectively they can prepare your case.


File Right Away
The longer you wait, the harder it is for you, your witnesses, and the police to remember important details. You don’t have anything to lose by going to an initial consultation. An attorney can tell you whether you have a good case. They will advise you on whether you should take the next step in your case.


Many personal injury lawyers in Texas work on contingency. That means you don’t have to pay anything unless they collect money for your case. There isn’t any financial risk in learning more about your car accident lawsuit and pursuing compensation.


Calculate the Accurate Amount of Compensation

You might be eligible for any of several types of compensation for your claim, including:

  • Vehicle repairs or replacement
  • Cost of medical expenses and long-term care
  • Lost wages from work and/or loss of earning capacity
  • Pain and suffering
  • Loss of consortium and wrongful death


The compensation for your accident might be extensive. That’s why you need a personal injury attorney who knows how to negotiate and can represent you if your case goes to trial.


Car accident attorneys have in-depth experience handling cases just like yours. They have an idea of how much you can expect for different types of injuries and damages. This includes not only the medical expenses you have incurred for your accident-related injuries but also future medical costs that you must pay. You might also receive compensation for the time you missed from work due to the accident.


The amount of compensation you request shouldn’t be left to guesswork. Instead, it should be carefully calculated based on the evidence you have and the strength of your case.


Learn the Value of Your Claim

Some car accidents are easier to prove than others. Some types of accidents make good personal injury claims, such as:

  • Accidents involving fatigued, distracted, or texting drivers
  • Sideswipe collisions
  • Rear-end or head-on crashes
  • Accidents in which a driver broke certain traffic laws
  • Any accident which results in a fatality


You don’t have to be a driver or passenger in a car to file a car accident claim. If you were a pedestrian or bicycle rider, motorcycle rider, scooter rider, or riding in a ride-share vehicle, you could still have a valid accident claim. If you lost a loved one due to their injuries in a car accident, you might be able to file a wrongful death claim. There are many types of personal injuries for which you might deserve compensation. Talk to a personal injury attorney to learn more about your options.


Some common injuries caused by car accidents take a long time to heal. In some cases, the victim never recovers to their previous state. Other times, there are no physical injuries — only damages to the vehicle. There are also accidents involving a driver who doesn’t own the vehicle. These are just some of the scenarios where you might benefit from talking with a personal injury attorney.


The laws related to car accidents in Texas can be complex. You should never try to navigate the legal system on your own. If you’ve been in a car accident where the other driver was at fault, contact an experienced attorney to schedule a consultation. They will help you decide which steps to take going forward.

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