Knowing how much time you have to file a Texas personal injury lawsuit is important. Your stress levels are probably rising when you've been injured in an accident. You may need ongoing medical treatment, you may have missed work, you probably have medical bills to pay, and you might not have reliable transportation if your car was wrecked. You’re probably wondering how you’re going to get through this. How will you pay the bills now? When can you move on from the aftermath of the accident? The high level of stress that accidents can cause is why we suggest hiring a personal injury lawyer as soon as you can. Your lawyer can advise you about the timeline for your case, including how long you have to file a lawsuit, should you need to do so.
Texas Laws on Filing a Personal Injury Lawsuit
In Texas, typically, you have two years from the accident date to file a personal injury lawsuit (known as the statute of limitations). This deadline can be extended if the accident victim was a minor or was found to be mentally incapacitated before the accident. In rare cases, the deadline may be extended for other reasons, such as the delayed discovery of injuries. If someone is killed due to an accident, their relatives have two years from the date of death to file a wrongful death lawsuit.
Why is it so important to keep track of the two-year deadline? Life gets ahead of you sometimes. In the accident's aftermath, you may be busy finding a new car, dealing with medical treatment, and trying to get back to work. Time goes by before you know it. Moreover, pursuing a legal case also takes time. Securing a settlement from an insurance company usually takes some back-and-forth discussions. If you can't settle, you'll want to know the last day you can file a lawsuit in court to continue to seek compensation. Should that date pass and you haven't filed a lawsuit, your personal injury claim will most likely be barred forever. That means you may lose the right to obtain compensation for your injuries. We suggest that you find a personal injury lawyer to evaluate your case before even a few months pass since the accident.
Timeline of a Personal Injury Case
Every personal injury case is different depending on the circumstances, but there are some common steps that many cases follow.
Here is a typical timeline:
- The accident occurs
- You get medical treatment and have mounting bills
- You contact a local personal injury lawyer and arrange a free consultation
- You sign a representation agreement with the lawyer
- The lawyer does some investigation of your case, develops a theory of the case, and tallies up your damages and the compensation you’re due
- The lawyer makes a settlement demand to the insurance company
- The insurance company counters with an insultingly low settlement offer
- You go back and forth a few times with demands and offers
At some point, you may agree to settle the case. You'll sign a settlement agreement stating that you give up your right to file a lawsuit in court in exchange for some money. However, not all cases settle. Your lawyer may advise you at a certain point that the insurance company is not going to settle for what you deserve, and you need to go to court to seek it. That's when your deadline to file the lawsuit becomes important. You and your lawyer must file suit before that deadline passes. Once the lawsuit starts, there are procedures for exchanging documents and information before an eventual trial of the case in court.
As you can see, there are many steps to the resolution of a typical personal injury case. Consult a qualified personal injury lawyer for advice on your case and the right legal approach for you.
Our Personal Injury Legal Team Is Here For You
If you were injured in an accident and think you need to file a lawsuit in Texas, you need legal advice about your situation from an experienced personal injury attorney. Our firm represents all kinds of personal injury clients in Texas, helping them pursue claims at the settlement or trial stages. The lawyers at Duke Seth, PLLC, can help you learn more about your options during a free consultation. Contact us online or call us at (214) 965-8100 to set up your appointment today.
QUESTION AND ANSWER
Q: Can the insurance company pay me a portion of my personal injury settlement early?
A: No. When you settle your claim with an insurance company, they require you to sign a settlement agreement in which you release your claims and your ability to pursue any further damages against that party. Insurance companies generally don’t settle in stages, so they will not pay you any extra after you settle and sign a release. Unfortunately, this means that being paid a settlement can take a while, especially if a person’s recovery from their injuries is slow. However, patience is the best way to ensure a fair settlement.