Getting into a car accident in Texas may be stressful, especially if you are significantly injured or have severe property damage as a result. While focusing on recovery, you may be quickly confronted with the realization that you may have a short amount of time to file a car accident claim relating to the damages you’ve sustained due to someone else’s negligence. Mounting medical expenses, car repair costs, lost wages, and other losses may have put financial tension on you and your family. Filing a lawsuit in a timely manner for your Texas car accident is the best way to recover fair compensation before time runs out. For experienced legal guidance and aggressive advocacy, speak to the experienced Texas car accident lawyers at Hilliard Martinez Gonzales, LLP, to obtain the justice you deserve.
How Long After a Texas Car Accident Can You File a Personal Injury Claim?
If you have experienced a Texas car accident, it is required by law that you report the vehicle accident to law enforcement if the accident resulted in any injury or fatality to any person involved in the accident. Additionally, insurance companies require drivers to disclose any accidents within a reasonable period of time, which is stated in the policy. If you do not report your accident in that time frame, your insurer may deny your claim.
If you are pursuing legal action against the at-fault driver of the accident for damages you incurred as a result of their negligence, you must do so prior to the expiration of the statute of limitations. In Texas, the statute of limitations for any injury resulting from an accident is two years from the date of the car accident. There are some exceptions, including more time allotted for child injury victims or if you do not know who is responsible for your damages.
Filing a Claim Against the Government in Texas
If you are pursuing legal action against the government, such as a car accident with a government vehicle, you must provide notice of your claim prior to filing a lawsuit against them. In Texas, you are required to provide notice of your pending car accident claim within 180 days of the accident. Many municipalities may even have shorter notice periods, depending on the location.
Other Texas Statute of Limitations for Car Accident Claims
There are other statutes of limitations at play for Texas car accident claims. For instance, if you are pursuing legal action against an insurance company for a denial of benefits for a claim, you have four years from the date of the insurance company’s breach of your insurance policy to file a claim. Additionally, if you are initiating a claim of breach of the duty of good faith and fair dealing or declaring that the insurance company violated the Texas Insurance Code, your lawsuit needs to be filed two years following the insurance company’s violation.
What Happens if the Statute of Limitations Expires for Your Car Accident Claim?
If you file a claim in Texas after the statute of limitation expires, the court will dismiss your lawsuit, and you won’t be eligible to pursue compensation for the damages you have sustained in your car accident. If you do not provide timely notice of your claim against the government, or you do not get permission to file late, the court will not be able to hear your claims against the government, and they will dismiss your lawsuit.
In order to avoid your claim being dismissed, speak to an experienced Texas car accident lawyer as soon as possible to recover the fair, maximum compensation you deserve for the injuries and other losses you have sustained due to someone else’s negligence.
Speak With an Experienced Texas Car Accident Lawyer at Hilliard Martinez Gonzales, LLP
If you’ve been significantly injured and experienced other losses in a car accident in Texas because of another individual’s negligence, you may be able to seek justice in the form of a civil lawsuit before the statute of limitations runs out. With the skilled legal guidance and aggressive advocacy of the lawyers at Hilliard Martinez Gonzales, LLP, you may be able to recover the maximum compensation you deserve for the injuries you have suffered.
At Hilliard Martinez Gonzales, LLP, we are a nationally recognized legal team with the resources, knowledge, and diligence you need to protect your interests and obtain the best results possible for your Texas car accident claim prior to the expiration of the statute of limitations. To schedule a complimentary consultation with one of our skilled lawyers, call (361) 579-1538 or fill out our contact form.