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How Long After a Car Accident Can You File a Claim in Texas?

After a car accident that causes significant injuries, you could spend days or weeks in the hospital recovering—not to mention ongoing rehabilitative care afterward. You might be so tied up dealing with the aftermath of your accident that you haven’t had time to contact an attorney.

Before you know it, it could be too late. The days and weeks following your accident are crucial for injury claims. The longer you wait to file, the harder it’ll be to recover the compensation you need. Here’s more on Texas’ statute of limitations and the importance of filing your claim immediately.

What is the Statute of Limitations?

The statute of limitations details how long you have to file a personal injury claim. This timeline varies from state to state; however, in Texas, you have two years from the date of your accident to file a personal injury claim.

Exceptions to the Statute of Limitations

In specific cases, there are exceptions to the Texas statute of limitations. For example, if you’re a minor, the two-year statute of limitations begins once you turn 18. In other situations, the injured victim might be mentally incapable of filing a personal injury claim.

In that case, the statute of limitations could be paused until the plaintiff regains mental capacity. In rare cases, the discovery rule might apply, which pauses the statute of limitations until the plaintiff should have known the facts that led to the discovery of the wrongful act.

In other words, you might not have known you were injured, or you didn’t know that the defendant’s actions caused your injury. Speak with your attorney to determine if any exceptions apply to you.

Why You Shouldn’t Wait to File Your Claim

Even though you have two years to file your personal injury claim, waiting until the last minute is not recommended. You should contact an attorney and file your claim immediately after your accident for the following reasons:

You Risk Losing Evidence

Strong evidence sometimes has an expiration date. Witnesses could forget critical details of the crash, trucking companies might destroy black box data, or there’s a chance you misplaced all the medical documentation you collected from your doctor’s visit.

The longer your case sits, the harder it is for your attorney to fight for the compensation you need to recover. In some cases, you might lack enough evidence to lose your claim.

You Need Time to Evaluate Your Damages

Your attorney considers every way your life has been impacted by your accident, and this goes far beyond your medical bills. You must consider the long-term impact of your injuries, such as your ability to return to work and earn a stable living.

You might have to find a less physically demanding job, or your injuries prevent you from returning to work entirely. You also could experience non-economic damages, such as physical pain and mental suffering.

Your attorney needs time to evaluate all your damages so you understand what your claim is worth. This helps you negotiate for an appropriate settlement rather than accepting the first one that comes your way.

You’ll Have to Wait Longer to Receive Compensation

The personal injury claims process is long, and you likely suffered significant damages that require immediate compensation. Your attorney can’t begin working on your case until you contact them to file a personal injury claim. The longer you wait to file, the longer it takes to obtain the compensation you need. When you do decide to file your claim, you could recover less compensation than you expected.

Let the Law Giant Help File Your Claim

You’d be surprised how quickly two years could go by after your car accident. You can’t afford to wait to file your car accident claim. Once you contact the Law Giant, he’ll work on your claim and evaluate your damages.

The attorneys at The Law Giant, Personal Injury & Accident Lawyers will personally investigate your case to gather the evidence needed to strengthen your claim before it disappears. Contact our office today at (866) 435-5219 to schedule your free consultation.

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