It is an understatement to say that car crashes are a major inconvenience. The negative consequences of a collision can range from physical harm to mental stress, time missed from work, and vehicle damage. If the driver is not at fault, they may be entitled to compensation by holding the person who caused the accident financially responsible for the damages. Our Houston car crash attorneys can help you understand what to do following a car accident, including how long you have to file a claim.
Understanding the Personal Injury Claim Process
Our legal system can be very adversarial. This means that in a lawsuit the involved parties are fighting it out — and the winner is the one who makes the best case. When one party files a pleading with the court, requesting that the court act on the basis of a complaint or petition, the lawsuit begins. When a contract is broken, a lawsuit is usually filed. Suits can be filed in state or federal court in the United States. You may be able to sue for compensation if you’re in an accident caused by someone else’s negligence.
It is important to note that not every case necessarily requires filing a lawsuit because the accident may be minor — meaning no one was injured. This allows the insurance company to cover the repair costs. A lawsuit, on the other hand, would be beneficial to the victim if there was more damage done.
The Statute of Limitations in Texas
The time limit for filing a lawsuit after a car accident varies by state. Some states have a one-year limit, while others have a six-year limit. The majority of states have a two to three-year time limit from the date of the accident to file. In Texas, you have two years from the time of the crash to file your personal injury claim. Insurance companies have 35 days to settle a claim, and this process entails simply acknowledging the claim and deciding whether or not to pay the settlement. Unfortunately, if a claim is not filed within the specified statute of limitations, the victim loses the opportunity to seek compensation.
The statute of limitations exists to protect defendants in a variety of criminal and civil cases that require the attention of the court. The timely pursuit of a lawsuit will prevent evidence from being lost. This includes the plaintiff’s accurate memory recollection and that of any witnesses who may be involved. Furthermore, subjecting the courts to a trial of a case that occurred more than ten or twenty years ago would be highly unreasonable. Essentially, it is critical that these cases be resolved in a reasonable amount of time.
If you have any questions about your case, contact a personal injury lawyer in Houston right away.
Houston Personal Injury Attorneys
You should never pursue a personal injury claim without the help of a Houston personal injury lawyer. West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to help you obtain fair compensation after being injured in an accident. We have been fighting for the rights of victims since 2003, and we will make sure you get the maximum settlement.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to help you make a complete recovery after a severe car accident.
Contact our law offices immediately at (713) 840-7200 to schedule a free, no-obligation consultation if you or a loved one has been unfairly injured by another party.
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