After going through a car accident in Texas, filing a claim for it might be the last thing on your mind. However, the statute of limitations in Texas means that you’ll need to think about filing your claim sooner than later. A statute of limitations is a law that determines how long a person has to file a lawsuit in civil court.
After time passes as dictated by a statute of limitations, a person loses their ability to file a claim, no matter how negligent the other party was to cause the accident. So, knowing the statute of limitations could make a difference between recovering losses or having to pay for them on your own. Keep in mind that a statute of limitations does not dictate when a claim needs to be settled. It only determines how long a person has to file their claim with a court.
Texas’ Statute of Limitation on Car Accident Claims
In Texas, the statute of limitations for car accident claims is the same one the state uses for most personal injury claims. So, the statute of limitations for car accident claims regarding injuries in Texas is two years from the day of the accident. This limit also applies to those who want to make a claim for property damage resulting from an accident. However, you should always talk to an attorney about your case, even if you think that the statute of limitations has passed for your claim.
If a person wants to file a claim on behalf of someone who was killed during an accident, this is known as a wrongful death lawsuit. While wrongful death claims have the same two-year limitation, they do not begin on the date of the accident. Instead, the “timer” for a wrongful death claim starts on the date of the person’s passing.
Statute of Limitations for Accidents Caused by Texas Government Workers
There is one important exception to the statute of limitations on car accident claims in Texas. If a person working for the state of Texas caused your accident, they’ll only have six months to file a claim. Filing this claim can also have more steps because it requires an injury claim to be submitted to the department of the Texas government that the person was working for when they caused the accident. This report should detail when and where the accident happened, who was involved with it, and other details that will help the state address your claim.
Should You Settle with an Insurance Company Before Filing a Claim?
No one should ever settle with an insurance company before speaking with an attorney. At the core of every insurance company is a business that’s looking to protect profits. So, low settlement offers, delays, and denials are all strategies used by insurance companies to try and lose as little money as possible to a claim. Speaking with an attorney will help you determine if the insurance company is offering a fair settlement or if you should file a claim before the statute of limitations passes.
At Arnold & Itkin, we’re prepared to help you recover losses after a Texas car accident. We’ve helped obtain billions of dollars for customers, and we’re ready to fight for you. Car accidents can trigger years of struggle caused by medical issues, debt, and the loss of the ability to work. Our Texas car accidents can look at your claim and help you obtain the full compensation you deserve instead of just a small portion of what’s fair.