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 is much shorter, typically 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 the injury is discovered. There are other exceptions to these rules. Our experienced personal injury lawyers can provide guidance based 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 a stressful and traumatic experience. In addition to recovering from any injuries, you may need to pursue the compensation necessary to cover your losses. Take the appropriate steps immediately following an accident to help your recovery and protect your claim.
Once you have checked yourself and others for injuries, you should do the following:
- Seek emergency medical attention if needed. Even if an injury seems minor, having a professional assessment is crucial.
- Gather the insurance and driver's license information for all parties involved in the accident. Accurate details help protect your rights.
- Contact the police and file a police report. This will serve as an official record, which is important to an auto accident attorney Austin residents trust for support.
- Take pictures of the scene of the accident, including damage to all individuals, vehicles, and property. Good photos can serve as valuable evidence.
- Obtain any eyewitness statements if possible. Witnesses can help confirm your description of events.
- Contact your insurance company and file a claim. Provide factual and comprehensive details about the crash.
- Call an experienced car accident attorney if you need help navigating the legal process.
Can I File a Claim If I Was At Fault?
In Texas, the state follows a “modified comparative fault” law. It means if you are less than 50% at fault for an accident, you can still file a claim. However, your total compensation will be reduced by your percentage of fault.
The court will determine your percentage of fault for an accident and your compensation amount separately. In the end, your total compensation 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 play an important role in guiding victims through the often complex legal process following a collision. Their understanding of Texas' comparative fault law and statute of limitations can help protect your rights. They can handle much of the stress that follows an Austin accident, allowing you to focus on recovering from your injuries.
Services provided by Texas car accident attorneys include:
- Assessing the case: They will review the details of your accident and advise you on the best course of action.
- Gathering evidence: This may include police reports, medical records, witness statements, and traffic camera footage.
- Negotiating with insurance companies: They can handle all communications with the insurance company to help ensure your interests are protected.
- Calculating damages: They help determine the full extent of your damages, including medical bills, lost wages, pain and suffering, and property damage.
- Filing a lawsuit: If needed, they can file a lawsuit on your behalf and represent you in court.
- Helping with post-settlement issues: They may 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 serious injuries. The results can be overwhelming when you must deal with medical bills and lost wages in addition to a lengthy recovery. If a loved one suffered fatal injuries in an accident, you face a tremendous loss. Let us stand by you and help you through these challenging times.
How Much Can I Recover From a Car Accident?
The primary types of damages in Texas auto accident cases include:
- Economic damages: Compensation for medical costs, lost wages, and property loss, which can be calculated based on actual expenses and documentation.
- Non-economic damages: Compensation for pain, suffering, emotional distress, and diminished quality of life. These are evaluated based on the severity and lasting effects of your injuries.
- Punitive damages: Additional compensation that may be awarded when the negligent party acted with gross negligence or intentional harm. These are less common and only apply in specific situations under Texas law.
Punitive damages are uncommon and generally reserved for cases where the negligent party knew their actions would almost certainly cause harm, with Texas limiting certain types of damages, including non-economic damages, in some circumstances; local factors in Austin, such as the specific location of the crash , the severity of injuries and their impact on daily life, available insurance coverage, Texas comparative fault rules, and local court timelines, all significantly influence the process and ultimate compensation awarded in a car accident claim.
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 help make sure you have the chance 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 treats you like a stranger. Attorney Jay Doyle is committed to giving your case personal attention.
Don't face this fight alone; call us (512) 334-9117 immediately to protect your rights. Contact our Austin car accident lawyer today for a free, no-obligation consultation.
