How Much Time Do You Have To File a Car Accident Claim?
When a car accident occurs, injured victims often feel overwhelmed with the process of pursuing compensation. They sometimes get re-victimized in the process of dealing with the insurance company. It is important for injured victims to understand their rights and the steps they need to take. To get more information, continue reading.
Understanding the Statute of Limitations
Every state has a statute of limitations that must be followed. This statute governs how long a person has to file a claim. Most states give around two years. Texas requires injured victims to file a lawsuit within two years of the date of their car accident or forfeit their rights to seek further compensation.
Unfortunately, injured victims must act quickly to ensure they have time to pursue their cases. It is wise to meet with a lawyer as soon as possible after an accident so an injured victim can learn about their options and what they should do to get the compensation they are owed.
What to Expect From Hiring a Lawyer
Although an injured victim has the right to pursue compensation without legal help, this is not advised. Many personal injury lawyers offer free consultation appointments to allow individuals to learn about their legal options. A consultation is an opportunity for a victim to get the legal assistance they need with making tough decisions.
At the consultation, the injured victim needs to be prepared to discuss how their car accident happened and what injuries they suffered. Injured victims should be ready to answer any questions asked by the lawyer. Victims should also provide any evidence they have available.
The first goal of the personal injury lawyer will be to investigate the car accident and gather as much evidence as possible. The lawyer will also begin negotiating with the insurance company of the at-fault driver.
Sometimes, insurance companies will attempt to settle outside of court because they do not want the expense of a legal battle. If the insurance company refuses to settle fairly, there is the option of pursuing a claim in court, as long as the lawsuit is filed within two years of the date of the accident.
What Happens If a Victim Files a Lawsuit After the Statute of Limitations?
If an injured person files a lawsuit after the statute of limitations has passed, the case will likely be thrown out of court. The defendant’s lawyer will simply file a motion to dismiss the case, based on the statute of limitations expiration.
To avoid missing the deadline, individuals need to schedule an appointment with a lawyer. A lawyer will help a person stay on track with the timeline of events and ensure everything is filed in time.
Hiring a Lawyer Offers Peace of Mind
Dealing with the insurance companies and the aftermath of injuries can be highly stressful. No one should have to negotiate with the insurance companies without assistance from a legal advocate. Those who hire a lawyer have greater peace of mind in knowing their cases are in good hands.
Scheduling a Consultation Appointment Is the First Step
Getting help from a lawyer involves first scheduling a consultation appointment. At this appointment, injured victims will be given information so they can decide if they should hire a lawyer. Once the lawyer is hired, they take over all the aspects of pursuing fair compensation for their injured client.