Being involved in a car accident is a scary, confusing, and often painful experience.
There are a multitude of things that you must consider and focus on immediately after an accident, such as medical treatment, rental cars, your job, and your family. Remembering to file a claim for injuries can fall down the priority list, but it is critical that you file a claim in order to receive compensation for your damages after a crash.
Texas law provides only a small window in which you can file a lawsuit for your injuries after an accident and securing the services of an experienced personal injury attorney will ensure that your claim is preserved in court.
To learn more about how long you have after an accident to file a case, call or contact the professionals at the Milano Legal Group in Houston today.
Texas Statute of Limitations
In order to avoid buildup in the court system and to avoid lawsuits being filed long after the initial incident, all states have limits on how long a person has to file a lawsuit for damages in court.
This is known as the statute of limitations, and failure to file a claim within the statute of limitations can result in your case being thrown out of court. This bars you from recovering compensation for the injuries sustained in an accident that was not your fault. In Texas, all personal injury cases, including car accident cases, have a statute of limitations of two years from the date of the accident in which to file a claim.
The two-year limit applies to all types of vehicle accidents where a person is injured, including car, truck, and motorcycle accidents. However, there is one exception to the two year rule, which occurs when the accident involves a state government entity. If the accident involves a state entity or government employee, you must first file a claim with the government within six months of the original accident. Failure to do so can invalidate your case for damages even if you file a lawsuit in court within the two-year statute of limitations.
An experienced personal injury attorney will be able to review your claims to ensure that all procedural requirements like the statute of limitations are met in order to secure your case.
It is important to note that the statute of limitations does not require that the entire court case be settled within two years of the accident, merely that the case is filed in court to preserve the claims. Depending on the complexity of your car accident case, settlement could happen much quicker or take longer than the two years limitations windows.
Talk to Our Office Today
At the Milano Legal Group, we pride ourselves on making the case process as easy and painless as possible for our clients that are already suffering from injuries inflicted in an accident. To schedule a free consultation of your claims, call or contact our office in Houston today.