How long after an accident do you have to file a claim? Texas law says that you have up to two years after an accident to file a claim.
Missing this deadline could completely block any chance you have of a Houston personal injury lawyer getting you compensation for your damages.
Why Filing a Claim Sooner is Beneficial
Over time, evidence can become increasingly difficult to obtain. Witnesses’ memories become more hazy, camera footage gets lost or deleted, and physical evidence is either swept away or altered. If you wait too long after an accident to file a claim, it may be much more difficult to recover a fair settlement for your injuries.
By not waiting until the two-year filing deadline approaches, you are giving us a much better chance at finding the evidence we need to present. An earlier start also allows more time to become thoroughly familiar with the evidence, enabling us to assemble it in a way that better illustrates your claim. Being clear and comprehensive goes a long way in court.
While the legal process can take a long time, getting us started working early can allow you to rest and recover during the work-intensive steps of gathering evidence and building a case.
All you or a loved one needs to do is give us a call with 4 questions to ask your personal injury lawyer. Waiting until you heal more could risk missing the deadline.
Deadline to File a Claim After an Accident in Texas
According to Texas Civil Practice and Remedies Code §16.003, you are required to file claims for injuries to yourself and your property within two years of the original accident. While it offers exceptions for other types of claims, this limitation does apply to accidents that cause injury and/or damage. It also applies to a death, except the timer starts when the person dies.
All the paperwork and requirements for actually filing a claim can be quite a headache at any time, but especially when you are recovering from an accident.
A personal injury lawyer in Houston can help with this, not only to make things easier for you but also to make sure we stay within the statute of limitations.
Even an experienced attorney needs some time to properly file a claim. If you do not contact us soon enough, the filing process could take too long to meet the deadline. We will always work tenaciously for you, but coming to us the day before the two years is up may mean your case will be impossible to file in time.
You May Have Different Time Constraints to File a Claim After an Accident
Being involved in an accident with a vehicle, having a slip and fall, or being struck by a falling object are all unique situations that are generally treated the same in terms of the statute of limitations in Texas.
If you are wondering how to find a good personal injury lawyer, it is essential to find one that understands the real differences in timelines. Let’s break down what can be included in different types of accident claims.
Vehicle Accident
Assuming this was a fairly straight-forward case of someone hitting you, we are likely looking at holding one defendant responsible for things like pain & suffering, property repair costs, medical bills, lost wages, and other damages. While this may sound like delaying filing your claim is okay, any case will still take time.
Fatal Accident
A wrongful death accident still has a two-year statute of limitations, but the clock starts differently. Instead of starting on the accident date, it can start from the date of death.
This may mean more time than if this were a non-fatal accident, but if there is a delay between the accident and death, waiting until after the death means having to keep track of more yourself before we come on board.
Government Vehicle Accident
If a governmental entity caused your accident, you still have two years to file your claim, but they require extra notice ahead of time.
Government accidents add in Tex. Civ. Prac. & Rem. Code §101.101, which says you have to give them six months of notice before filing. This 6–month period does not extend the two years you have to file, so make sure you act swiftly and hire a lawyer to stay on time.
Tips for Meeting the Deadline After an Accident to File a Claim
If you are proactive about your case, you can easily file your claim before time runs out. We understand you may have been too injured to take action immediately after the accident.
However, waiting too long after an accident to file a claim may hurt your case. The following actions can help you prepare and file your claim:
- Photograph and video the scene, the ground, the sky, nearby buildings, the weather, and whatever you can see, all at different angles
- Get medical attention as soon as possible
- Talk to any witnesses, or at least advise them to document their account of the accident
- Hire an attorney so that the evidence is still available to us
By taking these steps and coming to us with evidence already in hand, you are helping to streamline the process. We can file much sooner and be much more prepared when we go to negotiate a settlement.
Lowe Law Can Help You File a Successful Claim
Filing a personal injury claim can take some time to prepare properly. Lowe Law’s personal injury attorneys can prepare the necessary paperwork and provide you with regular updates, ensuring you stay informed and up-to-date.
When considering how long after an accident you have to file a claim, bear in mind the time needed to prepare your case before the statute of limitations passes.
