Many of us want to know how long to sue after an accident as we may be thinking about personal injury. The state of Texas gives you 2 years filing a lawsuit in the civil court system of the state from the date of the accident. The limitation period is in Tex. Civ. Prac. & Rem. Code section 16.003.
In reality, however, the answer is: the sooner, the better. For example, in major car accidents, a case can be won or lost in the days immediately following the wreck. Time is of the essence, especially when the responsible party has its own legal representation.
What are the factors that determine how long to sue after an accident?
The condition in which the accident occurs can make a big difference in the limitation period. You have two years in Texas. In other states, you may have more or less time.
The different types of personal injury accidents can include:
- car accident
- Injury in the workplace
- Slip and fall / company liability
- Hit pedestrians and run
- Big truck crash
- Unjust death
This is just a selection of the types of personal injury. There are others. If you are unsure whether your injury is classified as “personal injury”, contact an experienced personal injury attorney to discuss your case.
How long do you have to sue someone?
It depends on what you are suing for. As already mentioned, the limitation period for personal injury is two years. The statute of limitations for criminal cases in Texas is two years, although the statute of limitations does not apply if the defendant is outside the state of Texas. In contrast, Texas does not have a statute of limitations for serious crimes like murder or leaving the scene of an accident where death occurs.
As you can see, how long do you need to sue someone can have different answers depending on why you are sueing. That is why it is important to know the law very well. Unless you’re a trained attorney, representing yourself in a lawsuit is never a good idea.
How long do you have to sue someone after an accident?
It’s about protecting your interests and planning for your future. You have two years to file a personal injury lawsuit and you don’t want to delay and miss your opportunity. When the two years have elapsed, your time has expired. You won’t be able to complain.
The insurance company’s lawyers will come into effect as their job is to defeat claims for damages and minimize the company’s financial risk. They are experts at it.
It doesn’t cost you anything upfront to hire our legal team in Dallas as we work on contingent liabilities. That means we don’t get paid until you get paid. Our fees will be covered under the settlement agreement or jury award if your case is successfully closed. If for any reason your case is unsuccessful, you owe us nothing.
Why should I sue someone after an accident?
There are several reasons why you should sue someone after being injured in an accident. And it’s always important to remember that it is actually their insurance companies that are suing you. That’s what insurance is for. Some of the reasons for the lawsuit are:
- Pay for medical bills now and in the future
- Compensate for lost wages
- Provide for your family’s future if you are unable to
- Replacing personal property damaged or destroyed during the accident or injury
- Compensate for pain and suffering
- Punishing a negligent company or manufacturer who knowingly allowed a vehicle or device to remain on the road or remain in use. These are known as punitive damages and can be awarded by a court to prevent other people from being harmed in the future.
As you can see, there are many, many reasons why you should file a personal injury claim. The last thing you want is to have your bag in hand when bills and expenses pile up on your doorstep. That’s not fair. You deserve your day in court and someone else should pay these costs if the accident was their fault.