What Is the Texas Statute of Limitations for Car Accidents?
In Texas, the statute of limitations to file a car accident claim is
two years. If you are filing a claim against a government entity the time frame
to do so is much shorter, being about 60-90 days from the day of the accident,
depending on the situation.
If you do not discover your injuries until after the date of the accident,
the statute of limitations begins on the date you make the discovery.
There are other exceptions to these rules. Our experienced personal injury
lawyers are able to give counsel depending on your specific situation.
If you have been seriously injured in a car accident in Austin, don't
wait to contact our team. You may be entitled to compensation and we can help.
What to do After an Austin Car Accident
Being involved in a car accident can be an extremely stressful and traumatic
experience. In addition to recovering from any injuries, you may be required
to pursue the compensation needed to indemnify yourself. It's important
to take the appropriates steps immediately following an accident to make
sure you are able to recovering as fast as possible.
Once you have checked yourself and others for injuries, you should do the
following:
- Seek emergency medical attention if needed.
- Gather the insurance and drivers license information for all parties involved
in the accident.
- Contact the police and file a police report.
- Take pictures of the scene of the accident, including damage to all individuals,
vehicles and property.
- Obtain any eyewitness statements if possible.
- Contact your insurance company and file a claim.
- Call an experienced car accident attorney to represent you.
Can I File A Claim If I Was At Fault?
Yes and no, Texas follows a “modified comparative fault” law
which means if you are less than 50% at fault for an accident you can
still file a claim. However, your total compensation amount won will be
reduced by your percentage of fault.
In other words, the court will determine your percentage of fault for an
accident and your compensation total separately. In the end the total
compensation you won will be reduced by your percentage of fault. For
example, if you are found to be 20% at fault for an accident your damages
will be reduced by 20%.
What Can an Accident Lawyer in Austin Do?
Car accident lawyers in Austin plays a critical role in guiding victims
through the often complex legal process following a collision. They are
well-versed in dealing with insurance companies, filing lawsuits, and
obtaining necessary evidence to build a strong case. Their understanding
of Texas' comparative fault law and statute limitations can help to maximize
your compensation. These lawyers can alleviate much of the stress following
an Austin accident, allowing you to focus on recovering from your injuries.
Services provided by Texas car accident attorneys include:
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Assessing the case: They will review the details of your accident and advise you on the best
course of action.
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Gathering evidence: This can include police reports, medical records, witness statements and
traffic camera footage.
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Negotiating with insurance companies: They will handle all communications with the insurance company to ensure
you aren't taken advantage of.
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Calculating damages: They will help determine the full extent of your damages, including medical
bills, lost wages, pain and suffering, and property damage.
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Filing a lawsuit: If necessary, they can file a lawsuit on your behalf and represent you in court.
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Helping with post-settlement issues: They can assist with challenges that come up after a settlement or verdict,
such as collecting the awarded compensation.
It is not unusual for victims of these types of negligence to suffer head
trauma, spinal cord damage, broken bones, and other catastrophic injuries.
The results can be devastating when you must deal with medical bills and
lost wages in addition to a long and painful recovery. If a
loved one suffered fatal injuries in an accident, you face unspeakable loss. Let us stand by you and help
you through the difficult times.
How Much Can I Recover From a Car Accident?
There are two main types of damages that you can recover after a car accident
in Texas, economic damages and non-economic damages. Economic damages
compensate for financial losses such as missed days at work and medical expenses.
Non-economic, as the name suggests, compensations for non-financially suffering
after an accident such as pain and suffering and mental anguish. Since
these types of damages can be difficult to quantify they are sometimes
called general damages.
There is a third type of damages called punitive damages. Punitive damages
are often reserved for cases where the negligent party knew their actions
would almost certainly cause harm but did so anyway, as such they are
not often awarded. Texas does cap, or limit, certain damages, including
non-economic damages.
We've Recovered Millions for Our Clients!
The insurance company for the other party may contact you with a settlement
offer. Before you sign any papers or answer any questions, call us to
review the offer and evaluate your case. We want to be sure you have the
opportunity to seek an appropriate amount to cover your medical needs,
pain and suffering, and any future expenses related to the accident.
When your life is turned upside down, the last thing you need is to deal
with an impersonal law firm that will treat you like a stranger.
Attorney Jay Doyle offers his personal attention to your case.
