In case of an accident, it’s natural to feel overwhelmed. This mostly results from the prospect of dealing with any potential injuries and damage to your vehicle. Even so, it is important to understand that time limits do apply regarding how long you have to file a claim after the crash. Speaking to a car accident attorney in San Antonio can help you to understand those time limits.

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Filing Deadlines for Car Accidents in Texas

When considering possible legal action regarding a car accident, you must understand that there is a statute of limitations. This includes how long you have to file a lawsuit following the accident. In the state of Texas, these limitations vary based on such factors as whether the claim to be filed is related to property damage, injuries, or death.

What Is the Purpose of a Statute of Limitations?

Why do time limits even apply to filing a lawsuit? Although a statute of limitations does limit the amount of time in which a plaintiff may file a lawsuit, there are actually good reasons for such time

limits. One of the primary goals of placing a statute of limitations for filing personal injury claims was to prevent what is termed as frivolous lawsuits. Unfortunately, this can possibly limit a victim’s ability to access the justice system. However, limiting the time within which a claim can be filed ensures that evidence does not expire over time, which is in the victim’s best interest.

Injury-Related Car Accident Filing Deadlines The Texas Civil Practice & Remedies Code section 16.1003 requires that injury claims must be filed within two years of the date of the accident. This deadline is applicable to most personal injury cases, regardless of whether you are filing as a driver, passenger, or pedestrian.

Claims Involving Wrongful Death

In the event that someone passed away as a result of the accident, a loved one may wish to file a wrongful death suit. In this case, there is still usually a two-year filing deadline. The time period in which a representative of the deceased could file a wrongful death claim would not actually begin until the date of death, which might not coincide with the actual date of the accident.

Exceptions to the Statute of Limitations

It is worth noting that there are some potential exceptions to the statute of limitations for filing a personal injury lawsuit in Texas. In the event a plaintiff qualifies for such an exception, the deadline under which the plaintiff will proceed with filing a lawsuit would be extended. Courts in Texas may be willing to grant an exception to the statute of limitations in the following situations:

Mentally incapacitated or disabled victim.

When the defendant is not available.

The victim is a minor.

In the event that any of the above situations apply, you can obtain additional time to file a lawsuit following an accident. Avoid assuming that the law will grant an exception. Instead consult a car accident attorney in San Santonio regarding the possibility of qualifying for such exceptions.

Suing a Government Agency Following an Accident

Not all vehicle accidents involve another private party. Special rules can apply if you need to file a claim against a government agency following a car accident. Sovereign immunity may place further limits the time you have to file a claim against the government in a case involving death or personal injury. The Texas Tort Claims Act Section 101.101 requires that plaintiffs must provide a notice of intent to file a claim within six months of the accident date when the case involves a government agency.

What If the Car Accident Attorney in San Antonio Doesn’t File the Claim in Time?

Adhering to the statute of limitations regarding filing a lawsuit for any type of personal injury claim is extremely important. If a claim isn’t wipthin the relevant statute of limitations, the defendant’s attorney files petition in the court. This aims to dismiss the case based on the fact that the lawsuit was not filed in a timely manner.

The court would likely grant the request to dismiss the case. Check out this site to learn more about  this topic. For this reason, it is vital that you speak to a car accident attorney in San Antonio as soon as possible following an accident. Failure to do so could mean that you give up your ability to seek compensation. Keep in mind that each day that passes following an accident brings the time limit for filing a case closer. However, some limited exceptions do apply. Most plaintiffs have two years following a car accident to file a claim related to personal injury, property damage, or death.

Acquiring Vital Proof of Harms

This is where a decent legal counselor can be vital for your case, particularly when you’ve experienced critical auto collision wounds.

It is basic to acquire all documentation connected with your wounds, however it is generally difficult to get your hands on those records and bills from medical care suppliers. Albeit the records are in fact yours, and you have a flat out right to them, sending clinical records to patients and legal counselors is simply not a medical services supplier’s primary goal.

Little specialists’ workplaces might not have the staffing or an opportunity to answer clinical record demands on a convenient premise. Huge emergency clinics might have explicit techniques that should be continued to answer clinical record demands. In the event that you don’t follow their methods (which they frequently don’t promote well overall), they essentially will not answer your solicitation.

Then, when the medical services supplier answers the solicitation, the records might be deficient. Any attorney’s secretary or paralegal will let you know that they frequently need to demand similar records at least a couple of times and that they need to follow up interminably with the supplier’s office.

At long last, it might turn out that the specialist didn’t utilize the “enchantment words” as to causation, visualization, and handicap in their notes. To effectively indict any kind of private injury guarantee, you should have the option to demonstrate, through clinical proof.