When you are injured in a car accident, the last thing on your mind may be pursuing justice. However, depending on the extent of the damage you suffered, you may be more focused on healing from your injuries or repairing your vehicle than filing a car accident claim.
Failing to file a personal injury lawsuit promptly could keep you from receiving the compensation you deserve. Unfortunately, you only have a limited amount of time to file an insurance claim and personal injury lawsuit following a collision.
Personal injury lawyers help accident victims seek justice and compensation for accident-related expenses. Contacting an attorney immediately after your car accident ensures you don’t miss your opportunity to file a car accident claim.
Our Bryan and College Station car accident attorney will work to get you the reimbursement you need following a car collision.
Statute of Limitations For Filing a Car Accident Claim in Texas
Although filing their car accident claims may slip from many collision victims’ minds, neglecting to file their insurance claim or car accident lawsuit in the time allotted by Texas law could limit their ability to recover reimbursement. Bills associated with personal injuries, car repairs, and other accident-related expenses can be a significant financial burden on victims, so seeking reimbursement from the at-fault driver’s insurance company is recommended.
Texas statute states victims have a two-year deadline to take legal action against the at-fault driver. The car accident statute begins on the date the accident occurs and goes by a calendar year. That means that if you were in a car accident on March 1, 2022, you have until March 1, 2024, to file accident claims in Texas.
File a car accident claim as soon as possible following your accident to ensure that you do not miss the filing deadline for bringing a lawsuit against the at-fault driver if your insurance claim is denied. Even if you don’t believe your injuries are severe, you must consult a lawyer to make sure you don’t miss an opportunity to receive a settlement offer.
Car Accident Claims Involving Government Vehicles
Accidents caused by a government employee are subject to a different statute of limitations than other accidents. Injury victims must provide notice that they intend to file a claim within six months of the accident if they wish to seek compensation.
Reporting to Law Enforcement
Drivers must report any car crash resulting in an injury or death to law enforcement immediately following the incident. Most drivers call the emergency services after motor vehicle accidents, either for medical attention or to have a police officer come and write a report.
Having an officer gather evidence and write an accident report on the collision can simplify filing an injury claim following your Texas car accident. If your claim is denied and you need to file a lawsuit, having a record of the events will benefit you and your lawyer in court.
What Are the Consequences of Missing the Deadline to File a Lawsuit?
The court will dismiss your case if you try to file a personal injury claim outside the statute of limitations. However, this dismissal doesn’t occur automatically; instead, the defendant (at-fault party) must file to have the case dismissed as being outside the statute of limitations.
While there may be limited circumstances where the statute of limitations is extended, those occasions are uncommon. Therefore, the wisest course of action is to begin working with an experienced attorney to file your personal injury lawsuit as soon as possible.
How Do I Determine Who Was At-Fault in a Car Accident?
While many car accidents make it easy to identify which party is at fault, other accidents confuse you and the other driver about who is to blame. Although you may want to operate in good faith and trust the other driver’s statement, having professionals evaluate why the accident occurred will provide you and the other driver with peace of mind, knowing that the appropriate party will be held responsible for medical bills, lost wages, and property damage.
When determining who is at fault is challenging, it will be established by your insurance adjuster, the at-fault driver’s insurance company, the police, and possibly the court if you file a car accident lawsuit. If you work with a lawyer, they will also collect key evidence and contact witnesses if necessary to prove your innocence in the accident.
Seeking compensation through a claim or lawsuit after an accident will require you to prove that you are not responsible for the accident. Personal injury cases are often complex, so you’ll want to work with a lawyer who is experienced in handling car accident claims.
How Much Compensation Can I Receive For My Injuries and Damages?
Since each car accident is unique, a car accident lawyer cannot guarantee a specific amount of compensation, and courts do not use a set scale when determining how much money to award injury victims. Individuals seeking compensation after a car crash will want to schedule a free consultation with a trusted law firm inside the statute of limitations to discuss the details of their case.
This consultation will allow them to receive an attorney’s insight regarding whether they should pursue a lawsuit if the insurance company denies their claim and what legal options exist for seeking financial recovery. If their case has complicated aspects, they can also work with an attorney to file their original claim, which will ensure they complete all the proper documentation within the filing deadline.
Texas law requires the individual at fault for the car accident and their insurance company to pay the claim. How much they will be required to pay will be determined by factors such as:
What Should I Do After a Car Accident in Texas?
If you were in a car accident, the Texas Department of Insurance suggests contacting the police and emergency medical services if you show immediate symptoms suggesting an injury or significant damage to your property. In addition to their name, you’ll want to learn the other driver’s insurance company, phone number, and address.
Contact a reputable law firm to discuss your legal rights as soon as you can. They can help you file a claim and also file a lawsuit if the insurance company denies your original claim.
You won’t be able to file an accident claim in Texas once the statute of limitations expires, so make sure you contact a lawyer quickly. Personal injury claims can be daunting, and the best way to secure a fair settlement is by working with a professional.
What Should I Do if the At-Fault Party Doesn’t Have Car Insurance?
Driving without liability insurance in Texas is against the law, but some drivers still choose to hit the road without it. If your insurance policy has uninsured motorist coverage, you can file a car accident claim with your insurance company.
Filing car accident claims using your uninsured motorist coverage is also what drivers do when they must make a claim after a hit-and-run. However, depending on the collision’s circumstances, you may benefit from consulting with an accident attorney. Other individuals may have contributed to the crash, and an experienced car accident attorney will investigate and explore all potential compensation options.
Pursuing compensation from uninsured individuals can be challenging if your accident expenses exceed what your insurance covers. You may need to make a complaint with the Texas Department of Public Safety to recover damages, in which case you’ll want a professional to guide you through the process of seeking reimbursement.
Don’t Trust Your Financial Future to the Insurance Company
When you’ve been injured in a car accident, you want to believe that insurance adjusters will treat you fairly. After all, you’ve done nothing wrong and want to receive reimbursements for your expenses from the accident.
Sadly, adjusters will not have your best interests at heart. Instead of working to make sure you get the compensation you need to pay your medical bills, they will be trying to pay you as little as possible.
No matter how friendly an adjuster may seem, remember that they are not working for you. Instead, their goal is to keep their employer, the insurance company, from reimbursing you fairly.
Contact a Texas Car Accident Lawyer to Fight for the Compensation You Deserve
If you’ve been involved in a car collision in Bryan or College Station, our dedicated car accident attorney is here to support you. We understand the financial strain and stress that follow such incidents, which is why we’ll tirelessly work to secure the reimbursement you need. Our experienced lawyer will handle the negotiations with the insurance company on your behalf, allowing you to concentrate on healing from your injuries and moving forward.
At the law office of Brian C. Gutierrez, we firmly believe that you shouldn’t have to bear the burden of someone else’s mistake. By reaching out to us today at 979-271-5338, you can take advantage of a free consultation to discuss your case with our team. Let us stand by your side during this difficult time, providing compassionate guidance and strong defense to protect your rights and ensure you receive the compensation you rightfully deserve. Remember, you don’t have to face this alone contact us now to take the first step towards seeking justice and securing your future.
If you have been injured in a car accident in College Station, Bryan, Madisonville, Huntsville, Buffalo, Caldwell, Navasota, Rockdale, Hempstead, or Brenham, it is important to speak with a lawyer who can help you understand your rights and guide you through the claims process. At the Law Office of Brian C. Gutierrez, Attorney Brian Gutierrez is committed to providing personalized legal services for victims of car accidents. When you work with our firm, you are working directly with Attorney Gutierrez. Our clients are like family. Contact us today to schedule a consultation and learn more about the services we offer.
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