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If you suffer injuries in a car accident in Houston due to the recklessness or negligence of another driver, the golden rule is to claim compensation as soon as possible.
While you are unlikely to get paid immediately, starting the process promptly is important.
A maximum time limit of two years after accident injuries applies in Texas, so you must make your claim before then. This presents no problems in most cases but exceptional cases may require more time—and the law doesn’t automatically allow for these.
Generally, the two-year rule applies. This is ample time for most accident victims to file a claim for their injuries.
You should note the following before making a claim:
A major exception to the statute of limitations rule in Texas is when the injuries result in the death of the victim. For wrongful death claims, family members can make a claim any time up to two years from the date of death.
Sometimes, the full extent of injuries only becomes apparent long after the car accident. For instance, an initial medical diagnosis may say that the victim will make a full recovery but complications are suffered by the victim. If it later becomes apparent that the injuries are more permanent, more time may be granted by the court to claim if required.
Ultimately, if there is a valid reason for a delayed lawsuit, you may be granted an exception to the statute of limitations but, to avoid disappointment, instruct your lawyer to begin the claims process as soon as possible after your accident.
The two-year rule has some flexibility in personal injury cases in Texas and can be paused in four specific circumstances:
Because of these complications and exceptions to the general statute of limitations rules in Texas, it is advisable after an accident to discuss your situation as soon as possible with a car accident claims attorney.
Besides the two-year statute of limitations, there are other sound reasons for acting promptly after a car accident:
Even with your best of intentions to act promptly, delays can occur through no fault of your own. Many cases were held up in recent times due to Covid restrictions, for instance.
As a general rule, speak to your car accident lawyer about filing a claim as quickly as possible after treating your accident injuries.
A lot of work is likely to be involved for your attorney if a lawsuit is required. Supporting a claim with the necessary evidence takes considerable time and the two-year limit can quickly be eaten away.
All car owners in Texas must purchase car insurance. So, almost all accident injuries involve negotiating compensation with the insurance company of the at-fault driver.
Insurance companies work to minimize their losses—which means that their interests are in direct competition to yours.
Consequently, you are likely to face some of the following tactics from loss adjusters after your accident:
Once you have appointed an attorney, he or she will conduct all communications with the insurance company so you won’t have to concern yourself with the above.
Most car accident claims in Texas are settled out of court after a negotiation process. Few go to trial.
However, cases that appear simple at first can become far more complex and take longer than expected. Ultimately, the time it takes to settle your claim will depend on the following factors:
If you have suffered injuries on the road in the Houston area, contact an experienced accident injury claims attorney at DeHoyos Accident Attorneys, PLLC for a free case evaluation or call (832) 745-4878.
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“I can’t say enough good things about DeHoyos Accident Attorneys! Mr. Ryan DeHoyos is extremely knowledgeable in his field of Personal Injury. I was injured in a motor vehicle accident last year and Mr. DeHoyos stopped at nothing to get me the compensation I deserved. He kept me updated on my case regularly and guided me to get the medical care I needed. Additionally, his staff is so kind and caring, especially Ashley… Thank you, DeHoyos Accident Attorneys for your professionalism in closing my case…and WINNING big!”