If you’re injured in a car accident, you only have so long to bring a claim against the party responsible. This is known as the “statute of limitations” and it’s crucial you know which deadline applies. Below, our attorneys consider how long you can claim for injuries after a car crash.
How Long After a Car Accident Can You Claim Injury?
According to Section 16.003 of the Texas Civil Practice and Remedies Code, you have two years from the date of the accident to make a personal injury claim.
If someone dies as a result of their injuries, certain loved ones can make a claim on their behalf within two years of the date of death.
While two years seems like a long time, it’s important to remember that time passes quickly. It’s easy for life to get in the way and distract you from making a claim. Call an attorney as soon as you can after a car accident to discuss your options.
How Many Days After a Car Accident Can You Claim Injury?
There’s no set amount of time you’re obliged to wait before contacting an attorney about your accident claim. In fact, it’s best to call a car accident lawyer in Houston as soon as possible following the accident to ensure your case is managed effectively.
Is the Time Limit the Same for All Car Accident Claims?
No, the time limit can vary. A lawyer can advise which time limit applies in your case, but here are some examples of when there’s a deviation in the limitation date.
- Defendant abscondment: Should the defendant leave the state, the clock “pauses” until they return.
- Minor involved in accident: If a victim injured in the accident is under 18, the clock doesn’t start running until their 18th birthday.
- Victim mentally incapacitated: If the victim has a pre-existing mental disability, the clock is suspended, meaning they have as long as they need to make a claim. If the accident caused the disability, the two year deadline applies.
Car Accident Claims Against Government Entities in Texas
According to Section 101.101 of the Texas Code, you must file personal injury claims against government entities within six months of the accident date. This is a much shorter deadline than typically applies – call us immediately if your case is against a government entity of any kind.
Is There a Deadline for Settling My Claim?
While there is no formal deadline, an attorney can often predict how long the claims process will take.
Simple car accident claims don’t normally take more than a year to settle, whereas more complex cases might take longer. Cases which go to trial will take the longest to resolve – however, your lawyer will do everything possible to move matters along efficiently.
What Are the Benefits of Making a Car Accident Claim Quickly?
Whichever time limit applies to your claim, there are a few reasons why you should claim sooner rather than later.
- Filing quickly allows you to focus on recovering, rather than worrying about how or when to make a compensation claim.
- The sooner you make a claim, the quicker an attorney can determine how much your case is worth and the damages you might pursue.
- If you make a claim quickly, the incident is still fresh in your mind. Making your claim quickly helps to avoid evidence being lost, forgotten, or destroyed.
It’s in your best interests to contact an attorney promptly after an accident. If you’re unsure how long you have to claim or if you suspect you’re running out of time, call AK Law Firm immediately.
What Happens if I Don’t Claim in Time?
If you miss the limitation date, your claim will be time-barred. In other words, you lose the legal right to claim for any injuries you sustained in this accident. In other words, you won’t be entitled to any damages.
The easiest way to avoid missing your limitation date is to file early. Don’t worry if your diagnosis is still uncertain or you’re still gathering evidence. The sooner you contact an auto accident attorney, the quicker you can move on with your life.
Do I Need a Personal Injury Lawyer to File an Accident Claim?
While you can claim compensation on your own, it’s not advisable to do so.
- Personal injury claims can be complex. Experienced auto accident attorneys can evaluate the evidence and determine the best way forward
- A car crash attorney will ensure that you don’t miss your claims deadline. They will also make sure that any court deadlines are met, should your case go to trial.
How Can a Car Accident Attorney Help With My Claim?
There are many reasons why you should hire a car accident attorney to manage your claim for you. Here are some of the key ways in which our team can help you pursue your case.
- Our lawyers can evaluate the evidence, determine your claim’s strengths and weaknesses, and plan an effective course of action.
- With our experience, we know what makes a fair settlement offer. We can help you decide whether to accept an offer or pursue a fairer deal.
- Sometimes, the best way to get the compensation you deserve is to go to trial. Our team has the experience and commitment to run your case in court if required.
Call Car Accident Attorneys in Houston, TX
How long after a car accident can you claim injury? Although you typically have two years from the accident date, it makes sense to file as soon as possible.
We work on a no win, no fee basis, so you don’t pay anything unless we win your case – and all initial consultations are free. As experienced auto accident attorneys, the team at AK Law Firm want to help you get the justice you deserve. Complete our online form or call on (346) 258-7013 to schedule your free consultation.
