Many of us want to know how long do you have to sue after an accident, because we may be contemplating a personal injury claim. The state of Texas gives you two years from the date of the accident to file a lawsuit in the state’s civil court system. The statute of limitations is described in Tex. Civ. Prac. & Rem. Code section 16.003.
In reality, though, the answer is — the sooner the better. In major car accidents, for example, a case can be won or lost in the days immediately following the wreck. Time is of the essence, especially if the responsible party has their own legal representation.
WHAT ARE THE FACTORS THAT DETERMINE HOW LONG YOU HAVE TO SUE AFTER AN ACCIDENT?
The state in which the accident happens can make a big difference in the statute of limitations. In Texas, you have two years. In other states, you may have more or less time.
The different types of personal injury accidents can include:
- Car accident
- Workplace injury
- Slip and fall/premises liability
- Pedestrian hit and run
- Big truck crash
- Wrongful death
This is just a sampling of types of personal injury cases. There are others. If you are uncertain whether your injury is considered a “personal injury,” contact a skilled and experienced personal injury lawyer to discuss your case.
HOW LONG DO YOU HAVE TO SUE SOMEONE?
It depends on what you are suing for. As stated previously, the statute of limitations for personal injury cases is two years. And the statute of limitations on criminal cases in Texas is two years, though the statute of limitations is not applicable when the accused is out of the state of Texas. In contrast, there is no statute of limitations in Texas for serious crimes like murder or leaving the scene of an accident where a death occurs.
So as you can see, the question of how long do you have to sue someone can have a variety of answers, depending on why you are suing. That’s why it’s important to know the law in great detail. Unless you’re a trained attorney, it’s never a good idea to try to represent yourself in a lawsuit.
HOW LONG DO YOU HAVE TO SUE SOMEONE AFTER AN ACCIDENT?
Protecting your interests and planning for your future is what it’s all about. You have two years to file a lawsuit in a personal injury case, and you don’t want to delay and miss your opportunity. Once the two years have passed, your time is up. You won’t be able to sue.
The insurance company lawyers will come out in force, because their job is to defeat injury claims and minimize the company’s financial exposure. They are experts at doing this.
It costs you nothing up front to hire our Dallas legal team, because we work on contingency. That means we don’t get paid until you get paid. Our fees are taken care of as part of the settlement agreement or jury award when your case is successfully completed. If for some reason your case is not successful, then you owe us nothing.
WHY SHOULD I SUE SOMEONE AFTER AN ACCIDENT?
There are several reasons you should sue someone after being injured in an accident. And it’s always important to remember that it’s actually their insurance companies that you’re suing. That’s what insurance is for. Some of the reasons for suing include:
- Paying for medical bills now and in the future
- Compensating for lost wages
- Providing for your family ‘s future when you’re not able to
- Replacing personal property that was damaged or destroyed during the crash or injury
- Compensating for pain and suffering
- Punishing a negligent company or manufacturer who knowingly allowed a vehicle or piece of equipment to stay on the road or remain in use. These are called punitive damages, and they can be awarded by a court to prevent other people from being injured in the future.
So you see, there are many, many reasons you should pursue a personal injury claim. The last thing you want is to be left holding the bag when bills and expenses pile up at your front door. It’s not fair. You deserve to have your day in court, and someone else should cover these expenses if the accident was their fault.
The firm handles cases involving catastrophic personal injuries and deaths. Our work spans three decades of handling airplane and helicopter crashes, truck and car accidents, oilfield and construction accidents, and other devastating accidents. We try lawsuits throughout the country in both federal and state courts and have recovered hundreds of millions of dollars for our clients. To date, we have handled or tried cases in 47 states, read more about our attorneys and firm.