When Should I File A Personal Injury Claim?
When should I file a personal injury claim? Right away. In the aftermath of your personal injury accident, don’t delay the filing of your claim. Some people wait to see if the pain will go away, hoping to avoid the stress of fighting insurance for a settlement. However, McCraw Law Group strongly recommends filing a claim right away.
Texas law has established a timeline for personal injury claims, and our attorneys want to help you can recover damages from the accident. A delay can potentially reduce your ability to make a full financial recovery.
How Long Do I Really Have?
In Texas, like most states, there is generally a 2-year statute of limitations for filing a personal injury lawsuit. There are times that 2-year deadline has notice or filing deadlines that are much more severe. For example, some city charters require notice of a claim within as short as 30 days after an injury or claim is lost. Other public entities also have special limitations which are designed as traps for the unwary. In other situations, like fraud, the limitations period can be up to 4 years after the fraud occurred. With few exceptions, there is no going back once the relevant time has been eclipsed.
If you miss the relevant statute of limitation by one day, you are very likely to lose your right to seek compensation for your injury. There are no mulligans. It does not matter that you were talking with a nice insurance adjuster, waiting on a doctor or whatever the case may be. If you do not preserve your rights, time alone will destroy them.
Our McKinney personal injury attorneys want to help you in the weeks and days after your accident, not months and years. Even if the claim is filed before limitations, the longer it takes to file a claim, the more difficult it can be to gather the relevant evidence and to prosecute the claim.
Why File A Personal Injury Claim Right Away?
When we file your case, our personal injury attorneys can access all the important evidence in your case. Vital data and information can disappear with time, leaving holes in your injury claim that insurance will exploit. Leave no doubt about your intentions to hold the responsible party accountable by getting started right away.
What Are My Rights?
As the victim in a personal injury case, it’s natural to ask about protecting your legal and personal rights. You deserve justice for your injury while also safeguarding your rights.
- You have the right to legal counsel.
- You have the right to collect compensation if wrongfully injured.
- You have the right to consult a lawyer before providing a statement to your own insurance adjusters.
- You have the right not to give any statement whatsoever to any third party’s insurance adjusters.
- You have the right to take pictures of the accident scene and contact a police officer.
- You have the right to determine if a person involved in a collision has state mandated liability insurance coverage.
A police report can be a vital portion of information that can help build your case. Additionally, the police officer becomes an additional observer of the details at the scene of your accident.
Don’t know when the statute of limitation runs on your injury case? Are you nearing the end of the statute of limitations in your injury case? Don’t wait any longer. Contact McCraw Law Group today and speak to one of our McKinney personal injury attorneys about your case before it is too late.