Austin, Texas Car Accident Statute of Limitations

Car accident involving two cars on the road

If you or a loved one has been injured in an Austin car accident due to the negligence of another driver, navigating the aftermath can be both confusing and overwhelming. Amid the stress of dealing with injuries, medical treatments, and financial pressures, understanding your rights and the steps to secure fair compensation is crucial. One of the first actions is to consider filing an injury claim against the at-fault driver’s insurance company. This legal process is essential for covering your medical bills, lost wages, and other accident-related expenses, helping alleviate the financial burden that often follows such traumatic incidents.

However, it’s important to be aware that pursuing compensation through an injury claim is bound by strict deadlines known as the statute of limitations. In Texas, like in many other states, these laws dictate the timeframe within which you must file a claim following a car accident. Specifically, Texas sets a statute of limitations for personal injury claims at two years from the date of the accident. This means that you have a two-year window to initiate legal proceedings against the at-fault party. Failing to file within this period generally results in the loss of your right to seek compensation, making it imperative to act promptly and decisively.

The statute of limitations serves several purposes, including ensuring that evidence remains fresh and that legal proceedings are carried out efficiently. Over time, evidence may become lost or less reliable, and witnesses’ memories may fade, making it more challenging to prove the details of the accident accurately. By setting a deadline, the legal system aims to encourage timely resolution of disputes and fairness to all parties involved.

Understanding and adhering to these time constraints can be daunting, especially when dealing with the aftermath of a serious accident. The process of filing a claim involves several steps, including gathering evidence of the at-fault party’s negligence, documenting your injuries and their impact on your life, and negotiating with insurance companies. These tasks can be complex and time-consuming, often requiring specialized legal knowledge and expertise.

This is where the role of an experienced personal injury attorney becomes invaluable. A skilled lawyer who is well-versed in Texas’s traffic laws and personal injury claims can provide the guidance and representation needed to navigate the legal system effectively. They can help you understand your rights, gather and present evidence compellingly, and negotiate with insurance companies on your behalf. An attorney can also ensure that your claim is filed within the statute of limitations, protecting your right to seek compensation.

Moreover, an attorney can help assess the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and other impacts on your quality of life. Insurance companies often seek to minimize payouts, and without proper legal representation, you may be at risk of accepting a settlement that falls short of covering your actual needs. A knowledgeable personal injury attorney can advocate for your best interests, striving to secure a fair and just compensation package that reflects the true cost of your injuries and losses.

While navigating the aftermath of a car accident can be challenging, understanding the importance of the statute of limitations and taking proactive steps to file a claim is essential. The road to recovery may be long and fraught with obstacles, but securing fair compensation can provide the financial support needed to facilitate your healing process. It’s crucial to act swiftly and seek the assistance of a competent personal injury attorney who can guide you through each step of the legal process, ensuring your rights are protected and your voice is heard.

If you or a loved one has been injured in a car accident in Austin, it’s vital to be aware of the statute of limitations for filing an injury claim in Texas. Adhering to this legal timeframe is critical for maintaining your right to seek compensation for your injuries and related expenses. With the complexities of legal proceedings and the challenges of dealing with insurance companies, enlisting the support of an experienced personal injury attorney can make a significant difference in the outcome of your case. By taking prompt and informed action, you can navigate the path to recovery with confidence, knowing that you are working towards securing the compensation you rightfully deserve.

The statute of limitations specifies how long you must file a lawsuit against the at-fault party or parties. If you fail to file your claim within the time allowed, you may lose your right to seek a financial recovery.

The statute of limitations means you must move quickly to pursue a car accident claim. You need an aggressive, experienced personal injury lawyer to ensure that your claim is diligently pursued. With more than 100 years of collective experience, the car accident attorneys of Herrman & Herrman, P.L.L.C., fight for the rights of car accident victims across Texas.

If you’ve been involved in a car accident, Call Herrman & Herrman, P.L.L.C. today at (361) 882-4357 or fill out the contact form to schedule a no-cost consultation with a knowledgeable car accident lawyer. We’ll discuss your legal options and how our firm can help you pursue financial recovery after your accident.

How Long After a Car Accident Can You Claim Injury in Austin, Texas?

Under Texas law, a driver involved in a car accident must report the accident to the local police department or sheriff’s office if the accident resulted in the injury or death of any person involved in an accident.

The driver’s insurance policy requires a driver to report an accident within a reasonable period of time, which may be as little as one or two days or as long as 30 days, as specified by the policy. If you fail to report your accident in the time required by your insurance policy, your insurer may deny a claim you make against your policy.

If you need to bring an injury lawsuit against the at-fault driver who caused the accident, Texas law requires that you file your lawsuit prior to the expiration of the statute of limitations. In the state of Texas, the statute of limitations for motor vehicle accidents is two years. This is measured from the date of injury and regardless of the type of incident that allegedly led to the injury. The affected party must bring suit for personal injury no later than two years after the day of the car crash, but under limited circumstances, more time may be allowed to file a lawsuit, such as for a child injury victim or if the injured victim does not know the identity of the at-fault party or parties.

In addition, if you have a car accident claim against the government (such as if you were hit by an official vehicle), you must provide the government with notice of your claim prior to filing a lawsuit. In most cases, you must provide notice in a shorter time frame than the statute of limitations in your case. In Texas, you must provide the state with notice of your pending car accident claim within 180 days of the accident. Many counties and municipalities in Texas have even shorter notice periods, sometimes as short as 60 days after your accident.

Statute of Limitations on Car Accident Claims in Texas

If you file a claim for your injuries and damages suffered in your car accident against the car insurance company, you will need to follow the Texas statute of limitations on personal injury claims, which is two years, measured from the date of your accident.

However, if you have a claim against the car insurance company itself for denying a claim for benefits, other statutes of limitations come into play. For example, if you bring a breach of insurance contract claim against the insurance company, you have four years from the insurance company’s alleged breach of the insurance policy to file your claim.

Alternatively, if you are bringing a claim of breach of the duty of good faith and fair dealing or alleging that the insurance company violated the Texas Insurance Code, you must file your lawsuit within two years of the insurance company’s statutory violation of breach of the duty of good faith and fair dealing.

What Happens If the Statute of Limitations Expires?

If you file a lawsuit after the expiration of the limitations period in your case, the court will dismiss your lawsuit, and you will be without an avenue to pursue compensation for your injuries and damages.

If you fail to provide timely notice of your claim against the government, or you do not get permission from the court to file a late notice, the court will be without jurisdiction to hear your lawsuit against the government and can dismiss any lawsuit you file.

However, courts do not dismiss late claims on their own. Instead, the defendant in the case must file a motion to have the case dismissed as untimely under the statute of limitations or tort claim notice requirements. You may be able to prove that the statute of limitations in your case was extended for some reason or that you should be given leave to file a late tort claims notice for car accident claims against the government.

How to File a Car Accident Claim in Austin, Texas

Filing a car accident claim should begin with reporting the accident to the local police department or sheriff’s office. The police will send an officer to prepare an accident report that will note details of the accident and may even include the officer’s opinion on how the accident occurred and who may have been at fault.

A police officer can summon emergency medical services if someone involved in the accident has been seriously hurt or appears to be in distress or summon the fire department if someone is trapped in a vehicle or if there is a risk of fire from fuel or other fluid leaks.

As soon as possible after your accident, you should report your accident to your insurance company, either at the scene of the accident or as soon as you are in a position to do so. If your car cannot be driven from the scene, your insurance company can arrange for towing and alternative transportation. Once you report your accident or file a claim with the insurance company, you will likely be contacted by a claims adjuster who will be the point person for your dealings with the insurance company.

If you have injuries from the accident, you should talk to a knowledgeable injury attorney before discussing the accident with an insurance adjuster. A car accident attorney at Herrman & Herrman can review the details of your accident and discuss whether you have a valid claim. We can help you understand the appropriate steps to take and whether you are entitled to hold the other driver’s insurance company liable for your injuries.

If you decide to go to court, you will likely want the assistance of an experienced attorney who can ensure you have the strongest possible legal claim.

Contact an Austin, Texas, Accident Lawyer

Herrman and Herrman supports the San Antonio Branch of ARMA InternationalIf you or a loved one has been injured in an Austin car accident through no fault of your own, the car accident lawyers of Herrman & Herrman, P.L.L.C., can help you pursue the compensation and justice you deserve. Our firm has office locations in Corpus Christi, Corpus Christi South Side, Brownsville, McAllen, San Antonio, Houston, and Ft. Worth. Our law firm utilizes an Accident Investigative Team to get to work building the strongest, most persuasive claim possible.

We are honored by the positive reviews and feedback we’ve received from our clients on Google, Facebook, and other social media platforms. We have a bilingual staff to serve both the English- and Spanish-speaking members of our community. Our firm also makes an effort to give back to our community, including providing innovation scholarships for high school and college students and sponsoring charity races and festivals that help many worthy causes in our community.

If you have a car accident claim, contact Herrman & Herrman, P.L.L.C., today to schedule a free, no-obligation consultation with one of our Austin auto accident attorneys to discuss your case and learn more about your legal rights and options for seeking compensation. Call us at (361) 882-4357 or fill out our website contact form to set up a consultation.