When Should I file for an Auto Accident Lawsuit?

When Should I File for an Auto Accident Lawsuit?

Time is of the essence when it comes to filing for an auto accident claim or lawsuit. Cases involving personal injury in an auto accident, trucking accident, premise liability, or wrongful death claims are not as easy or as simple as you may think. A knowledable personal injury attorney often advises clients to have the situation properly assessed first before taking another step forward. Usually this includes a thorough assessment of who the responsible party is along with the economic and long term bodily damages incurred by the victim. For these injury claims, the State of Texas only allows a specific limited amount of time for the victim to file a lawsuit before it becomes too late.

If you have been injured due to an auto accident, there are generally two ways to go about it. First is filing for damage and personal injury claims to the insurance company who is insuring the negligent driver. After the victim treats for his or her injuries, a demand package is prepared for the insurance company to consider. Any personal injury settlement should be sufficient to cover your medical expenses, lost income, physical and mental suffering, attorney fees, and property damages which were brought by the accident and negligent party. If the victim does not agree with the proposed financial compensation, the claims will head to court through a formal lawsuit.

Statute of Limitations for Accidents in Texas

Texas law indicates that you have up to two years to file a lawsuit for injury claims. Whether the case involves a car collision, motorcycle accident, truck wreck, or a slip-and-fall, it is vital that the claims have been filed within that timeframe. The Statute of Limitations does not dictate that the case has to be resolved within two years. Rather, it simply means that all paperwork has to be filed and the case is moving forward during that time. If the lawsuit or claim has not been filed in a timely manner, the plaintiff (victim) technically loses their right to make any claims, regardless of how much evidence were presented to prove negligence or recklessness.

Settling with the Insurance Company

Despite the two-year time frame, it is important to never rush to a settlement with the insurance company. It is strongly advised to consult with an injury attorney first and re-evaluate your situation before you move forward. Most insurance companies are out to settle claims quickly and at the lowest cost possible, which is why your accident lawyer should be able to fight for your rightful claims in a timely, professional, and assertive manner.

For more information and legal insights on auto accident cases, it is best to consult with a reliable accident attorney such as the Mizani Law Firm. They have helped hundreds of families and injured victims recover millions against the insurance company and negligent parties. Their lines are open 24/7 for a free, no-obligation attorney consultation.

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