A statute of limitations (SOL) defines the time limits during which you must file a personal injury claim. If you miss the deadline to file a car accident claim in Texas, in most cases you lose your right to seek compensatory damages. The attorneys of Rochelle McCullough, LLP in Dallas are well aware of this fact. We always make sure our clients’ claims are backed up with hard evidence and submitted on time.
If you have been injured in a car accident in the Dallas–Fort Worth area, contacting the offices of Rochelle McCullough is a wise move. Not only do we have in-depth knowledge of Texas car accident laws; we are committed to recovering meaningful damages for you and your family. We have the experience and skill to provide you with superior legal counsel and strong representation.
The Need to Report Accidents with Injuries in Texas
In Texas, as in most states, the law requires you to report car accidents to the police promptly if they involve one of the following: more than $1,000 worth of property damage, personal injuries, or death. Beyond being a legal requirement, filing a police report will be beneficial if you decide to make a personal injury negligence claim to the at-fault driver’s insurance company.
The police report will serve as an official record of the accident and will provide details that can be entered as evidence during negotiations or at trial. It will have the date and time, and other relevant information, such as evidence of driver impairment and extent of injuries sustained.
Your auto insurance company, too, will require you to notify them of a car accident, though the time frame for reportage varies among insurance companies and policies from as little as 1-2 days to as many as 30.
The Texas SOL for Personal Injury Claims and Its Exceptions
The statute of limitations for filing a personal injury claim in Texas is two years from the date of the car accident. There are, however, some notable exceptions. The time limit may be extended if:
- The injured party is a minor (under the age of 18) at the time of accident, in which case the limit is extended until that person reaches 20 years of age.
- The injury is not discovered until later, in which case the clock starts ticking at the time the injury is discovered, or should have been discovered with reasonable diligence.
- The at-fault party is unknown at the time of the crash (e.g. a hit-and-run driver) or one who has gone into hiding to avoid liability). In such cases, the clock is restarted when the injured party finds out who the responsible party is or becomes aware of their location.
Suing a Government Entity
If the at-fault party is a government entity, such as a city or state agency, specific procedures and shorter deadlines may apply. In Texas, you must provide notice of your claim to the government entity within six months of the accident. If you don’t fulfill this requirement, you will be unable to file a lawsuit. The statute of limitations for filing a suit against a government entity is generally two years, but the notice requirement must be met sooner to preserve your claim.
Suing an Insurance Company
When pursuing a claim against an insurance company for acting in bad faith (for example, refusing to make a fair settlement offer or denying an insurance claim for no legitimate reason), the statute of limitations is also two years. However, the time frame might be influenced by the terms of your insurance policy and the specifics of your claim. It’s important to review your policy and consult with a well-informed attorney to ensure that you meet all deadlines and requirements.
Contact Our Experienced Car Accident Attorneys Today
If you have been injured in a car accident in Dallas-Fort Worth, now is the time to reach out to Rochelle McCullough. Being proactive will give you the best chance of recovering the damages you deserve for medical bills, lost income, physical pain and emotional distress.
Contact our offices now. We will work tirelessly to build a winning case while you rest and recover. You can depend on our dedication to your cause, our commitment to satisfy all legal time requirements, and our determination to bring your case to a successful conclusion.