Ask a Car Accident Attorney: How Long Do I Have to File a Lawsuit?

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People who are involved in car accidents in Texas must be aware of several deadlines. For example, there are different deadlines to file a lawsuit, file a police report, and file a claim with the insurance company. Before you talk to a car accident attorney about your case, learn everything you need to know about deadlines associated with car accidents.

Ask a Car Accident Attorney: How Long Do I Have to File a Lawsuit?

If you are interested in collecting compensation for your injuries and damages after a car accident, the most important deadline to be aware of is the statute of limitation for your case. In Texas, this statute is two years from the date of the accident. This means that if you want to file a personal injury lawsuit, and you miss the two-year deadline, you will forfeit any rights to the compensation you may deserve.

Because the statute of limitation is so short, it’s imperative to contact car accident lawyers in Bryan Texas as soon as possible. Many people will contact a lawyer immediately after an accident, or as soon as they are medically able.

Why Might You File a Lawsuit?

There are several reasons to file a lawsuit after a car accident. For example, if your insurance policy does not cover the full costs of your personal property damage, you may sue the other driver for repair cost compensation. If you were seriously injured or lost your ability to work because of an injury, you may also file a lawsuit to compensate for medical bills and lost earning ability.

Wrongful Death

Another common reason to file a lawsuit is if there was a wrongful death involved in the accident. For example, families who lost a loved one due to the negligence of another driver may file a civil wrongful death lawsuit. If driving under the influence or other criminal acts were involved in the accident, the civil lawsuit could become a criminal lawsuit for wrongful death, such as vehicular manslaughter.

What Should You Do After an Accident?

After an accident, there are several things you should do to ensure you and the other driver are safe. Additionally, following many of these steps will make it easier for you to file an insurance claim later on. You can get more information here. A car accident attorney will advise you to take steps such as:

Assess Injuries and Damages

Immediately after the accident, even before you leave your vehicle, you should assess your injuries and damages. If you can get out of your vehicle, then you should do that; however, if you cannot move, you will need to stay in your vehicle, particularly if you hit your head or your neck hurts.

If you can get out of your vehicle and are able to do so, you will next want to assess the damages to your car. During your assessment, you may want to take photographs of your vehicle to document the damage.

Pull Over If Possible

If there are no serious injuries and if both vehicles can be moved, Texas road laws suggest pulling vehicles over to the shoulder of the road to clear space for traffic. If it’s not possible to move either vehicle, then you and the other driver should remove yourselves from the flow of traffic and wait for EMTs and police to arrive.

Exchange Information

You should exchange information with the other driver, including their name, contact information, and insurance policy information. All of this information is important, especially if you intend to file a claim with your insurance company.

Furthermore, because it’s illegal to drive uninsured in Texas, you must verify that the other driver has car insurance. If they are an uninsured driver, this will affect any compensation you may receive from the accident.

Do You Have to Report an Accident?

Under Texas law, you are required to report an accident if there have been any injuries or damages to personal property over $25. Essentially, this means that you should always report an accent, no matter how minor or severe. When you report an accident, you should contact the police to file a crash report.

When Should You Contact Your Insurance Company?

Ideally, you should contact your insurance company as soon as possible after an accident, as this will ensure you can use your policy to pay for medical bills and vehicle repairs. If you delay contacting your insurance company, they may deny your claim.

After an accident, there are many deadlines you will have to keep in mind if you plan to seek compensation for personal property damages or injuries. The statute of limitation for car accidents in Texas is two years from the day of the accident. Failure to file a lawsuit within this window will forfeit your right to file a personal injury lawsuit for compensation.

By Jacki

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