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How Long After a Car Accident Can I Claim Injury in Texas?

Getting in a car accident is not cheap.  Even if your auto insurance helps pay for part of the accident, sometimes it’s not enough. 

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    Getting in a car accident is not cheap.  Even if your auto insurance helps pay for part of the accident, sometimes it’s not enough.  This is even more true if you were injured during the accident, as there are medical bills and other accident-related expenses that you may have to deal with.  Instead of paying for everything out of pocket, you should consider filing a claim, but first you should know why it’s so important to make a claim, and how long after the accident you can do it.

    Why Make a Car Accident Injury Claim?

    The goal of making a claim is to be compensated for the losses that you experienced as a result of your injury.  This doesn’t only include medical expenses and hospital stays, but it can include:

    • Pain and suffering
    • Lost wages and lost earning capacity if you’re unable to return to work
    • Rehabilitation of all types
    • Property damages as a result of the accident
    • Other applicable health-related costs


    In some circumstances, you may notice the symptoms of your injury appear slowly.  Just because you didn’t notice them directly after the accident, doesn’t mean that you can’t make a claim. As long as it follows the statute of limitations in the state that the accident occured, it’s your legal right to do so.

    How Long After a Car Accident Can I Claim Injury in Texas?

     

    Stressed Driver Sitting At Roadside After Traffic Accident

     

    The statute of limitations is the law that defines the maximum amount of time that you are granted to initiate legal proceedings.  Every state has a different statute of limitations; what may be 6 months in one state, could be 3 years in the next.  That’s why it’s important to work with a lawyer who knows the laws of the state where the accident occurred.  In Texas, you must file a claim within two years of the accident occurring.  That said, there are certain exceptions to the rule.

    In the case of a car accident leading to death, the claim can be filed up to two years after they died.  So let’s say that they were in the hospital for a month before passing away; this means the time period will begin on that date, not when the actual accident occurs.  There are also certain situations that pause the time of statute of limitations.  For instance, if the person that was injured was a minor, their two year time limit will start on the day that they turn 18.  Furthermore, if the injured party has a mental disability that existed before the injury, then they do not have to follow the two year statute of limitations.  And lastly, if the person who caused the accident leaves Texas, then the time does not start until they return.

    Hiring a Lawyer

    Although you may already know what to do directly after a car accident to keep yourself protected, you’ll definitely want help making a claim.  Your car accident injury lawyer will help you through the process and inform you on the specific laws of the state.  This will help you meet deadlines, gather the right evidence, and fill out the proper paperwork.

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