How Much Time Do You Have to File a Personal Injury Claim?
In the state of Texas, drivers and passengers involved in car accidents have a certain amount of time to file a claim. The Texas statute of limitations gives two years (or six months in some cases). Still, the statute of limitations is not the only factor that determines the right timing for a personal injury suit or insurance claim.
In the weeks following a Texas car accident, you may be dealing with severe pain. For some, it may not even be possible to leave the hospital. In these situations, going back to work may not even be an option. When suffering injuries from a car accident, medical bills can pile up. While medical bills are piling up, you may find yourself facing arguments regarding who will pay to cover vehicle damages or damages to other property.
The combination of injuries, medical bills, loss of property, and argument from other drivers and insurance companies regarding who is at fault and, therefore, responsible for costs associated with the car accident can be extremely trying. While it is essential to file a claim or personal injury lawsuit quickly after a vehicular incident, you should balance the need to adhere to the Texas statute of limitations with your medical needs. Allow doctors in charge of your care and recovery to identify and treat all your injuries as well as pinpoint any long term health risks that may arise due to the accident.
How Fast Do You Need to File Your Personal Injury Claim or Lawsuit After a Texas Car Accident?
After a car accident, you must allow enough time to pass before filing your claim so you can identify all your injuries and related potential medical problems. The diagnosis needs to be complete because when an accident claim is settled, you lose the right to seek additional compensation. Yet, the statute of limitations does limit the time you have available to wait before filing. Keep the statute of limitations in mind, but make sure you have a complete understanding of the injuries for which you need to seek compensation.
What is the Statute of Limitations in Texas?
In Texas, the law limits the amount of time you can wait to submit an accident claim. In most situations, you have two years to file an injury claim with some exceptions. The Texas statute of limitations begins from the date of the incident or accident. The statute of limitations does not require that you resolve the case inside the designated time frame. It just means that the paperwork needs to be completed and filed within the specified time frame, and all parties involved in the personal injury claim must be notified of your intent to sue.
Are There Exceptions to Texas’s Two Year Statute of Limitations?
Certain factors can result in exceptions to the time limit created by the Texas statute of limitations. Some of these exceptions include:
Defective products or products liability statute of limitations – the statute of limitations to file a claim is 15 years from the date of purchase with additional time available if the injury had a delayed onset or the product included a more extended manufacturer warranty period.
Suing the State of Texas – pursuing an accident or injury claim against the state of Texas or a state employee who was working at the time of the incident means you have 6 months to file a claim and you must also adhere to additional requirements to formally submit the injury claim to the Texas government prior to filing suit.
Workers’ Compensation Claims – the statute of limitations to file is one year from the date of the injury or one year from the date you learned of an occupational illness. The injury must also be reported to the employer within 30 days from the date of the injury or the date the employee became aware of the injury or illness.
If you need to discuss when to file an insurance claim or personal injury lawsuit, speak with a knowledgeable Texas personal injury attorney at Hudson Law. We can help you navigate the process to defend your legal rights and protect your financial and medical interests.