After being involved in an auto collision, you may feel a rush of emotions and adrenaline, you may have injuries that require attention, or have loved ones you need to communicate. For many people, the first instinct following a car accident is not to immediately begin planning the steps you will need to take in order to file an insurance claim. However, the timeframe in which you file your insurance claim is an important factor that should be taken seriously due to two main reasons. One, the sooner you handle your case, the easier it will be to collect information about your accident and provide necessary evidence to support your claim. Two, when it comes to car accident claims, there is a statute of limitation on how long you legally have to file a lawsuit in civil court.
If you fail to file your claim within this strict statute of limitation, you will no longer be able to present your case, even if the other person was without a doubt at fault for your accident. It is important to note that a statute of limitations does not determine when a claim needs to be settled by, but instead how long a person has to file their claim with a court.
In the state of Texas, the statute of limitations for those looking to file a car accident claim is the same as the one Texas uses for most personal injury claims. The statute of limitations for auto accident claims that involve injuries in Texas is two years from the day of the accident. This time limit will also apply to anyone who wishes to make a claim for property damage that was caused during an accident.
If you wish to file a claim on the behalf of someone who has passed away during an accident, or from injuries they suffered in an auto accident, you will want to file a wrongful death lawsuit. While these claims hold the same two year statute of limitation, they are slightly different. Instead of having two years to file the claim from the day of the accident, you will be given two years to file the claim from the day they pass away.
If a person wants to file a claim on behalf of someone who was killed during an accident, this is known as a wrongful death lawsuit. While wrongful death claims have the same two-year limitation, they do not begin on the date of the accident. Instead, the “timer” for a wrongful death claim starts on the date of the person’s passing. Contact the Law Office of Beverly R. Caruthers to learn more about our team today.
Houston’s Best Personal Injury Attorney
Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball. Our legal team is bilingual and offers spanish speaking legal counsel for all of our clients. If you need legal representation following an incident don’t hesitate to contact Beverly R. Caruthers Law Office!