How Long Do I Have to Resolve My Car Wreck Case?

Thursday, March 2, 2017

If you’ve been involved in a car wreck, we doubt the first thing on your mind was anything about the insurance or legal process. If you had any thoughts not instantly lost in the chaos of the scene and impact, they were almost certainly about the immediate future – we get it.

But, eventually, time will pass and many will try to resolve their own cases with unreasonable and unfair insurance carriers representing the individual who caused them damage – often without any knowledge of the process or what they could be legally entitled to in terms of damages to compensate them for all they have suffered.

And that’s where personal injury attorneys like us come in. It’s our job to represent you and fight for what you deserve. Whether that involves your health or transportation – whatever it may be – we became injury lawyers to help people like you. But, this can only be done for so long after the collision.

Statute of Limitations

The term “statute of limitations” is a legal term you may have heard on TV in crime dramas, but it refers to more than how long the State is able to prosecute a crime. In civil law, the statute of limitations is the time-period that a potential plaintiff (such as a car wreck victim) has to act on a particular legal matter.

There are several reasons for the limitation; witnesses become less reliable over time, available evidence disappears — simply put; if too much time passes, there’s no way for the courts to guarantee a fair trial for the parties.

So, what exactly is the statute of limitations for car wrecks in Texas?

From the date the crash occurs, you have two (2) years to resolve your car wreck claim or file a lawsuit Texas. For example, let’s say you were involved in a car collision on Christmas (12/25/2016), then you would have until 12/25/2018 to voluntarily resolve your case with the at-fault party or file a lawsuit against that party to preserve your claims.

Is there ever a time where the statute of limitations wouldn’t apply?

Generally speaking, no. However, where injuries and wrongful death claims are concerned, the statute of limitations may not always be applied in the same way — every case is different. That is one of many reasons it is important to consult with an experienced injury trial attorney whenever you are faced with these issues.

Now, do you need a lawyer?

Not everyone who has been in a car crash needs a lawyer.  However, it is not a good idea to wait until the statute of limitations is about to run to figure out if you do. In fact, it is critically important to move quickly after a car crash has occurred to ensure your rights are protected.  If you’ve been in an automobile collision and have been injured, contact our experienced personal injury attorneys as soon as possible so that we can help!

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