When you must file a lawsuit against a negligent driver who caused your injuries, you are right to be concerned about the statute of limitations. This is the deadline you have to sue the negligent driver for the compensation you are entitled to. The penalties for failing to sue within this time period are severe. If you do not file your lawsuit by the deadline set by Texas law, the judge would dismiss your case.
What Is Texas’ Statute of Limitations in Car Accident Cases?
The time period to sue in your car crash case will depend in part on whether the victim survived the crash or died. These statutes of limitations will apply to your case:
The time period to sue is two years from the date of the wreck for personal injuries where the victim survived.
The time period to sue for property damage is also two years from the date of the wreck.
If a crash victim died, you would need to file a lawsuit within two years of his date of death—not the date of the crash.
Why You Do Not Want to Wait to Pursue Your Claim
Even if your crash happened a few days or weeks ago, you do not want to delay hiring an experienced car accident attorney to pursue your claim. Yes, you still have plenty of time to sue under the statute of limitations. However, you could be hurting your case by not taking prompt action. Here’s how waiting could reduce the value of your claim:
- You could lose important evidence like eyewitnesses who could move or forget what they saw or business surveillance tapes that may have recorded your crash but were taped over. You hamper your attorney’s ability to thoroughly investigate the facts of your wreck by delaying in hiring him.
- You could make inadvertent mistakes in talking to the negligent driver’s insurance company or in making other decisions about your claim without the advice of an attorney right after your crash.
- Your claim will appear weaker to the insurance company for the negligent driver. The insurance adjuster for the negligent driver is looking for reasons to deny or reduce your claim. You give him powerful ammunition to argue your injuries were not that bad or that they were caused by something other than the crash if you wait to pursue your claim.
Have You Been Injured In A Texas Car Accident?
If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.