How does the Statute of Limitations Affect your Accident Case

On Behalf of | Apr 25, 2013 | Personal Injury

With almost any case that can be brought before a court of law, there is a statute of limitations that is implemented. A statute of limitations is a time limit during which legal action can be taken after a crime occurs. The statute of limitations is set by the state of Texas legislature and serves a dual purpose. The first purpose is that it gives the plaintiff enough time to make the decision if they really want to file a suit. The second purpose is that it protects the defendant from being able to be sued for an indefinite amount of time. So how does this statute of limitations affect your case?

In the state of Texas, the statute of limitations for car accidents is two years. That means that you have two years from the date of the accident to file and settle a suit for personal or property damage in a court of law. This statute does not apply to the filing of an insurance claim, however. Most insurance companies require that you file your accident claim within 30 days of the accident. (Check with your insurance provider for details) Many accidents end up being settled and do not end up going in front of a judge. However, settlements can take time.

There is one exception in particular, if you are filing a claim against a government employee or agency, you will only have up to 90 days to file your claim.

There are many different parts of the law that can make determining whether you have the basis to sue for compensation due to an accident complicated. You do not have to go through this alone. A knowledgeable and experienced Texas accident attorney can help you with any questions that you may have. Your Texas car accident attorney can assess the evidence and the facts of the case to let you know what the best course of action will be in your case and if you may be eligible for a financial award.