If you have been injured in a car accident and received medical treatment, you may want to consider filing a car accident lawsuit against the responsible parties to recover the costs of damages incurred. In less severe cases, the negligent driver may be required to pay your medical bills and compensate you for any pain and suffering you have experienced. In more serious cases, you may have lost the full function of certain body parts, making life much more challenging since the accident. Your treatment costs to reach maximum medical improvement could be substantial, and if you have had difficulty with your job since the accident, your source of income may be limited. Consulting with an experienced car accident lawyer may be in your best interest.
In addition, if your damaged car was your source of livelihood for you or your immediate family members, a car accident could result in a devastating situation. Seeking legal assistance from a seasoned car accident lawyer may be the difference between feeling financially drained and getting back on your feet.
How Long Do I Have to File a Claim?
To successfully file a car accident lawsuit, you must be aware of the rules that govern such cases in your locality. In Texas, for example, the time limit is usually two years from the date of the accident, although other factors may come into play. Your attorney can explain how these factors apply and to what extent they affect your ability to sue those responsible for the accident.
In some cases, the driver at fault may be employed by a government agency, and in these cases, the responsible parties must be notified of the pending injury claim within months of the accident. On the other hand, if the responsible party was driving without insurance and you need to use your own Uninsured Motorist coverage, you have an additional two years to file (four years total).
The statute of limitations governing the state where you will file your case determines the time within which you are allowed to file a lawsuit against a negligent driver or road user. This state is either the state where the accident occurred or the resident state of the negligent driver. The statute of limitations sets the deadlines within which you must file a car accident lawsuit. Failure to meet this deadline will result in losing your right to sue the responsible party forever. Some car accident victims may forfeit their ability to file suit, especially when they are concerned with taking care of their lives and seeking medical attention for their injuries.
However, it is important to note that just because the time limit to file a lawsuit is two years does not mean that you should wait to contact a car accident lawyer. The best way to resolve a car accident claim is through amicable negotiations with the other party’s insurer without the need for court. It is advisable to try this before filing the case in court and incurring related costs.
Hiring a Car Accident Lawyer
If you are unable to personally file a lawsuit against the liable party, the law allows for a third party to represent you in court. This could be your spouse or children, but most victims opt for a qualified lawyer for their case. Hiring a car accident lawyer is especially advisable if the injuries sustained require prolonged treatment and a lengthy healing process.
As previously mentioned, a personal injury claim must be filed within two years from the day of the accident in most cases. If you have suffered injuries such as a broken arm, loss of limbs, or head or spine injuries, it is essential to contact a qualified car accident lawyer to advise you on your best options.
Many people are unaware that the clock starts ticking at the exact moment the accident occurs, and the statute of limitations specifies a specific date by which the claim must be filed. Once the case is filed, there are no limitations to the amount of time it will take for the case to be resolved. It could take weeks, months, or even years for the parties to reach a settlement or for a court to make a final ruling based on the evidence presented to them.
While car accident victims often prefer to resolve their claims through negotiations with the liable parties, certain statutory time limits may still apply. Therefore, it is best to consult with an experienced car accident lawyer for proper guidance on how to proceed with your case. Contact our office today for a free consultation.
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