Immediately after a car accident, your first priority is your safety and that of your passengers. You may be injured and need medical attention. You’ll likely be concerned about your transportation and potentially not being able to work. Once the dust settles, you may wonder if you can file a lawsuit to seek compensation. Can you file a claim if several months have passed? Accident lawyers (abogados de accidentes en español) in San Antonio have the answer.
I Was Injured in a Car Accident Six Months Ago: Is It Too Late to File a Claim?
The Statute of Limitations in San Antonio, Texas
A car accident that results in an injury is treated the same as any other kind of personal claim in the state of Texas. Whether you’ve been injured in a slip-and-fall accident or were hit by a car, the same rules apply. These rules are known as the “statute of limitations.” The statute of limitations establishes the limit to how much time you have to file a claim. In Texas, you have two years to file a lawsuit.
So, if you were injured in a car accident six months ago, you can still seek compensation for your injuries. Although it’s always best to contact a lawyer right away, there are many reasons why victims of car accidents wait to do so. If you haven’t contacted a lawyer yet, visit this page to learn more about one of San Antonio’s best law firms.
Why Does the State Give You Two Years to File a Claim?
Since the law allows you to file within two years of the date of your injury, should you wait to file a claim? In general, it’s better to start the process quickly. To have the best chance of getting compensation, you need evidence to support your claim. That evidence can be hard to obtain after several months or years. For instance, it’s much easier to get witness testimony immediately after an accident than several months later.
However, there are some situations where it may make sense to build your case gradually. You can start working with Dallas car accident lawyer now but file your claim later. Consider some scenarios where patience could pay off.
New Injuries After the Accident
When you file a lawsuit for a personal injury, the lawsuit has to specify what injuries occurred. In addition, the lawsuit outlines the financial damages caused by the accident. For instance, you may claim damage to your vehicle, insurance payments, medical bills, and even lost wages if you were unable to work during your recovery. However, sometimes new expenses arise after an accident. If you rush to file a lawsuit, you might miss out on potential compensation.
For example, you may find that your car requires additional repairs due to faulty work or unidentified issues in the initial repair. Perhaps medical professionals did not fully discover your injuries, and you continue to have pain that requires further treatment. In these situations, you can document your additional expenses while your lawyer adds them to the lawsuit. It may also be possible to sue for an amount greater than your current damages to protect you from future expenses.
Time to Negotiate a Settlement Without a Formal Claim
Another reason for the two-year limit is to give people time to settle out of court. While you can file a lawsuit and then negotiate compensation, sometimes you will receive an offer before any lawsuit is ever filed. This offer is commonly issued by the other driver’s insurance company. Nevertheless, insurance policies in Texas are only required to cover $30,000 at minimum, which may fall far short of your personal damages.
You may try to negotiate more compensation from the insurance company. The threat of a lawsuit could motivate them to compensate you more. However, you will still want to have a lawyer’s support. Without a lawyer, insurance companies are unlikely to take your claim very seriously.
You Need Time to Find a Lawyer
The two-year limit also makes it easier for people to take their time finding a lawyer. You want to work with an experienced attorney that cares about you, not just their commission from your settlement. If you’ve found an attorney, check the State Bar of Texas to verify that they are in good standing with the state.
Look for lawyers that offer free consultations. You shouldn’t have to pay to be heard. Still, try not to shop around too much. You need to get your case started so that you have the best chance of success.
Conoce Tus Derechos, Habla con Abogados de Accidentes
Si usted ha sido víctima de un accidente de tránsito, tiene el derecho de reclamar sus heridas y buscar compensación por el daño económico que estas generaron. Su estado migratorio no es relevante, tampoco tus antecedentes. Toda persona en Texas tiene este derecho. Hay abogados de accidentes dispuestos a ayudarte.
