When you have been injured in an accident, it can be hard to know what you should do first. However, if you need compensation for injuries, personal damages, or pain and suffering, then you need to work with a car wreck injury lawyer to file a lawsuit. But how long do you have to file a suit against the other driver?
Table of Contents
Ask a Car Wreck Injury Lawyer: How Long Do I Have to File a Lawsuit?
In Texas, the statute for filing a lawsuit after a car accident is two years after the accident. This means you have a 24-month window to collect evidence, work with an attorney, and file a lawsuit against the individual who is responsible for your accident.
That said, although you have two years to file your lawsuit, it’s generally a good idea to file a claim sooner rather than later. Not only will filing a lawsuit sooner allow you to use your settlement to address the financial burdens you may have after the accident, but it can also put you in a better position to defend against a comparative negligence claim if the other driver believes you are liable for the accident.
Why Should You File a Lawsuit?
When you file a personal injury lawsuit, generally the goal is to receive compensation for your personal injuries and damages. However, many people only resort to filing personal injury lawsuits when an insurance claim is denied. For example, if your insurance company denies your claim, you can file a suit to appeal the denial.
Furthermore, some people file personal injury lawsuits when the liable driver’s insurance policy does not adequately cover injuries and damages after an accident. Choosing to file a personal injury lawsuit may allow you to claim a settlement from the liable party’s personal assets.
Personal Property Damage
Many people file a car accident lawsuit to seek compensation for personal property damages. Usually, minor damages can be covered by your own insurance policy for collision repairs.
However, if your car has to undergo a significant amount of repairs or your vehicle is totaled by the accident, your insurance policy may not cover the repair costs. In this case, filing a personal injury lawsuit can help you secure compensation for a vehicle replacement.
Severe Injury
Severe injury is another reason to file a personal injury lawsuit after a car accident. Many times, collisions can result in serious injuries such as paralysis, broken limbs, loss of limbs, burns, traumatic brain injury, and other conditions that require extensive surgery and ongoing treatment. Because the medical bills associated with a severe injury can be great, a personal injury lawsuit can help you pay off medical debt and the cost of ongoing treatments.
Emotional Trauma and Stress
Finally, you may want to file a lawsuit after a car accident to compensate for emotional trauma and stress. Many people experience acute anxiety and trauma after serious car accidents, which may qualify for pain and suffering damages in the state of Texas. A car wreck injury attorney in San Antonio will help you identify any pain and suffering damages you may have.
How Can a Lawyer Help You?
It’s important to work with an experienced lawyer after an accident, especially if you have suffered severe damages or injuries. An experienced lawyer can help you in many ways. For example, a Texas car wreck injury lawyer will be knowledgeable about the case law that may pertain to your claim, especially if DUI or other traffic violations were involved in your accident.
Evaluate Your Case
Your lawyer will evaluate your case to determine whether you have a viable claim. While you may want to file a personal injury lawsuit for minor injuries, generally the most successful personal injury cases involve uninsured drivers, severe injuries, and expensive damages to personal property.
Collect Evidence
A lawyer can also help you collect evidence to prove your case. Evidence related to your car accident claim can include police reports, crash reports, witness testimony, medical evaluations, medical records, evidence of lost wages, and more.
Provide Legal Advice
Your lawyer can also provide legal advice throughout your case. Legal advice may be especially important if you are speaking with an insurance company, since insurance adjusters may try to use your words against you.
What Should You Do After an Accident?
After an accident, the first thing you should do is check for injuries and contact the police. If possible, pulling your car over to the shoulder lane or out of the flow of traffic is ideal. However, if you cannot move your car and you’re too injured to move, you should remain in your vehicle to call the police and wait for emergency medical services.
In the state of Texas, you have two years from the date of an accident to file a personal injury lawsuit. If you miss this window, you will not be able to claim compensation for your injuries and damages. Only by working with an experienced lawyer will you be able to file a successful lawsuit.
