What Is The Time Limit of Filing a Car Accident Lawsuit?

Maxwell Paderewski
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Maxwell Paderewski
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10.0Maxwell Teele Paderewski
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If you were injured in a car accident and received medical treatment, you should consider filing a car accident lawsuit against the liable parties to recover the costs of damages incurred. In less serious cases, your medical bills and any pain and suffering you’ve endured should be made up to you from the negligent driver. In worse cases, you may have lost the full function of certain body parts, making life much more difficult since the car accident. Your treatment costs to get you back to maximum medical improvement could be astonishing, and if you have struggled with your job since the accident, your source of income may be constrained. Consulting with an experienced car accident lawyer may be in your best interest.

Furthermore, your damaged car may have been your source of livelihood for you or your immediate family members. A car accident could result in a devastating scenario for families reliant on their car and their physical ability to use their bodies. But seeking legal assistance from a seasoned car accident lawyer may be the difference between feeling financially drained and getting back on your feet once again.

How Long Do I Have?

For you to successfully file a car accident lawsuit, you must be aware of the rules that govern such cases in your locality to avoid wastage of time and resources, and guaranteeing a positive outcome of your case. In Texas, the time limit is usually two years from the date of the accident, although other factors may play a role. Your attorney can explain how these factors apply and to what extent they affect your ability to sue those responsible for the accident.

In some cases, the driver at fault could be employed by a government agency. In these cases, the responsible parties must be notified of the pending injury claim within months of the accident. On the other hand, if the responsible party was driving without insurance, and you need to use your own Uninsured Motorist coverage, you have an additional 2 years to file (4 years total).

The time within which you are allowed to file a lawsuit against a negligent driver or road user is primarily determined by the statute of limitations that govern the state where you will file your case in. This state is either the state where the accident took place or the resident state of the negligent driver. This statute of limitations sets or specifies the deadlines within which you must file a car accident lawsuit. If you fail to meet this deadline, you will lose your right to sue the responsible party forever. Some car accident victims may forfeit their ability to file suit, especially when they are concerned with taking care of their lives and seeking medical attention for their injuries.

However, just because the time limit to file a lawsuit is two years does not mean that you should wait to contact a car accident lawyer. The best way to resolve a car accident claim is through amicable negotiations with the other party’s insurer without the need for court. It is advisable to try this before you file the case in court and incur related costs.

Hiring a Car Accident Lawyer

If you are not in a position to personally file a lawsuit against the liable person, the law provides for a third party to represent you in court. It could be your spouse or children, but most victims choose a qualified lawyer for their case. Hiring a car accident lawyer is the most advisable option, especially when the injuries sustained require prolonged treatment and a lengthy healing process.

As stated previously, a personal injury claim must be filed within two years from the day of the accident in most cases. If you’ve suffered injuries such as a broken arm, loss of limbs, or head or spine injuries, you should contact a qualified car accident lawyer to advise you on your best options.

Most people are not sure about the time limits simply because they are unaware that the clock starts to tick at the exact moment the accident occurs, and runs to a specific date stated in the statute of limitations. Once the case is filed, there are no limitations to what time it will take for the case to be resolved. It could take weeks, months or years for the parties to reach a settlement or a court to make a final ruling based on the evidence provided to them.

Often, car accident victims prefer resolving their claims through negotiations with the liable parties. However, even if you want to avoid court, certain statutory lime limits may be active. With this in mind, it is best to speak to an experienced car accident lawyer to receive proper guidance and how to proceed with your case. Call our office today for a free consultation.

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