If you’ve been involved in a car accident, you may be wondering how long you have to file an injury claim. The aftermath of an accident can be overwhelming—between medical appointments, insurance claims, and dealing with the stress of recovery, it’s easy to lose track of time. However, understanding the time limits for filing a personal injury claim is crucial to ensure you don’t miss your opportunity to seek compensation for your damages.
In Texas, like in many other states, there is a statute of limitations that dictates how long you have to pursue a legal claim after a car accident. This blog will provide insight into how long after a car accident you can claim injury, the factors that affect your case, and why taking action sooner rather than later is always the best approach.
At McCraw Law Group, we are committed to helping car accident victims understand their rights and take the necessary steps to recover compensation for their injuries. With experienced attorneys and offices across Texas, we’re ready to assist you no matter where you are in your recovery process.
Understanding the Statute of Limitations in Texas
Every state has a statute of limitations that governs how long accident victims have to file a personal injury claim. In Texas, the statute of limitations for car accident injury claims is two years from the date of the accident. This means you must file your claim within two years, or you risk forfeiting your right to pursue compensation through the court system.
However, it’s essential to act promptly after an accident. While two years may seem like a long time, building a strong case requires time to gather evidence, review medical records, and negotiate with insurance companies. Failing to act quickly can weaken your claim or reduce your chances of recovering fair compensation.
Exceptions to the Two-Year Limit
While the two-year statute of limitations is standard for most car accident injury claims, there are exceptions in specific circumstances that may extend or shorten this timeframe:
- Minors: If the injured party is a minor (under 18 years old), the statute of limitations does not begin until the minor turns 18. This means the two-year period begins on their 18th birthday, giving them until their 20th birthday to file a claim.
- Discovery Rule: In some cases, injuries from a car accident may not become apparent until days, weeks, or even months later. In such cases, the statute of limitations may begin when the injury is discovered, rather than on the date of the accident. This is known as the "discovery rule."
- Government Entities: If your accident involved a government vehicle or employee, there may be a much shorter timeframe to file a claim. In Texas, claims against government entities often require a formal notice of claim to be filed within six months or less.
It’s important to consult an experienced car accident lawyer to determine how these exceptions may apply to your case. The attorneys at McCraw Law Group can help you navigate these complexities and ensure your claim is filed within the proper timeframe.
Why Filing Your Injury Claim Early Is Critical
Although you technically have up to two years to file your injury claim after a car accident, waiting too long can severely impact the strength of your case. Here are several reasons why filing early is critical:
- Evidence Fades: The longer you wait to file a claim, the harder it can be to gather crucial evidence. Witness memories may fade, surveillance footage may be erased, and physical evidence from the accident scene may become less reliable over time.
- Medical Records: Seeking immediate medical attention after a car accident not only ensures that you receive the treatment you need, but it also creates documentation that can be used to support your injury claim. Delaying medical care or your legal claim can lead to gaps in your medical records, which insurance companies may use to argue that your injuries were not caused by the accident.
- Insurance Negotiations: Insurance companies are known for offering low initial settlement amounts in the hopes that accident victims will accept quickly without seeking legal advice. If you wait too long to file your claim, you may lose leverage in negotiations and potentially leave money on the table.
At McCraw Law Group, we encourage accident victims to take action as soon as possible. Filing early gives your attorney the time and resources necessary to build a strong case and pursue maximum compensation for your injuries.
Steps to Take Immediately After a Car Accident
To ensure that you protect your rights and avoid jeopardizing your injury claim, here are the key steps you should take immediately after a car accident:
- Seek Medical Attention: Even if you don’t feel injured right away, it’s essential to see a doctor as soon as possible. Some injuries, such as whiplash, concussions, or internal bleeding, may not manifest symptoms immediately. Having medical documentation of your injuries is critical for your claim.
- Document the Scene: If you’re able, take photos of the accident scene, vehicle damage, and any visible injuries. Collect the contact information of any witnesses, and obtain a copy of the police report once it’s available.
- Contact a Car Accident Lawyer: Getting legal advice early in the process can make a significant difference in the outcome of your case. A lawyer can advise you on how to proceed, communicate with the insurance company on your behalf, and ensure that you don’t miss any critical deadlines.
At McCraw Law Group, our attorneys are ready to step in and help you from the moment the accident occurs. We’ll handle the legal aspects so that you can focus on your recovery.
What Compensation Can You Recover?
Once your injury claim is filed, you may be eligible to recover compensation for a range of damages, including:
- Medical Expenses: This includes both current and future medical costs related to your accident, such as hospital bills, surgeries, rehabilitation, medications, and physical therapy.
- Lost Wages: If you had to take time off work due to your injuries, you may be able to recover compensation for lost wages. This can also include compensation for reduced earning capacity if your injuries prevent you from returning to the same job.
- Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are often more challenging to calculate. Your attorney will assess how your injuries have impacted your daily life and fight for compensation accordingly.
At McCraw Law Group, our experienced team understands how to calculate the true value of your claim and ensure that all your losses—both economic and non-economic—are taken into account.
Why You Need an Experienced Car Accident Lawyer
The complexities of car accident claims, coupled with strict filing deadlines, make it essential to have an experienced car accident lawyer on your side. An attorney can guide you through the legal process, handle negotiations with insurance companies, and ensure that your claim is filed within the statute of limitations.
At McCraw Law Group, we have a proven track record of success in helping accident victims recover compensation for their injuries. With offices conveniently located across Texas—including Amarillo, Denton, Frisco, McKinney, Sulphur Springs, and Wylie—we are ready to assist you no matter where you are.
Don’t Wait to File Your Injury Claim – Call McCraw Law Group Today
If you’ve been injured in a car accident, it’s crucial to understand the time limits for filing a claim. In Texas, you have two years to file, but exceptions and complexities can affect your case. Acting quickly not only ensures that your claim is filed on time but also strengthens your case by preserving evidence and maximizing your chances of recovering compensation.
If you need legal help after a car accident, contact McCraw Law Group today for a free consultation. Our team is here to help you understand your options and fight for the