Is There a Statute of Limitations for Car Accidents?
At best a car accident can be a huge inconvenience even if it is only a minor collision. The time it takes to stop, exchange information with the other driver/s and possibly wait for assistance alone can take a big chunk out of your day. In addition, there are reports to file, insurance companies to call, repair estimates to compare and so on.
In the worst case scenario, a car accident can be a life changing, even life ending event, the repercussions of which will last for years. Major collisions are more than just annoying inconveniences. They can throw the trajectory of your life and those around you completely off track. Now there are medical bills, sometimes on going depending on the extent of harm done. There may be funeral expenses and all the attending issues upon the death of the person.
Texas Statute of Limitations
Texas law requires that in the case of an automobile accident, law suits must be filed within two years from the date of the collision. According to the Texas Civil Practice and Remedies Code, “ . . . a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the person property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.” In other words, if you are involved in a car accident you have two years in which to file a law suit.
The Person at Fault Pays for the Accident
Some states have no-fault insurance. In these states, each person’s insurance company pays for the damages incurred as a result of the accident. Texas is not one of these states. In Texas a determination is made regarding whom at fault and to what degree. The person who caused the accident is liable and must shoulder the responsibility for damages caused.
The Importance of the Statute of Limitations
Many people procrastinate about a lot of things. It is easy to keep pushing unpleasant business into the future. “I’ll get around to it one of these days,” is a common response. When it comes to car accidents, depending on the damages done, most people want to settle the matter as soon as possible. There are those who, even though it would be in their interest to attend to the matter quickly, will still put off doing anything about the situation.
The two year statute of limitations has a purpose. The longer one waits to litigate a matter, the murkier the waters become. The limit helps people get the situation resolved in a timely matter. Supporting evidence is still fresh and witnesses are available. Memories fade over time and facts can get forgotten. Getting a case filed and settled as soon as possible after the accident works in your favor when you have medical bills, repair costs and lost work hours for which to compensate.
Should you be involved in a collision, you will need representation to insure that you are fully compensated for your damages. The lawyers at Greening Law offices stand ready to help you though this ordeal. We have the expertise to get the job done while serving our clients with compassion and understanding. The trauma of a car accident is real. We acknowledge this and work to get you the best compensation with the least amount of trouble. Contact us for excellent, timely service to get your case resolved before the statute of limitations runs out.