If you have been involved in a car accident in Texas that was determined to be not your fault, you have a certain time frame in which to file a personal accident injury claim. Just as any other state, Texas imposes limitations on how long you have after an auto accident to submit a claim.
Time Is of the Essence
Talk to an accident attorney about your case if you were involved in an auto accident that happened less than two years ago. The statute of limitations in Texas allows you to file a personal injury claim within two years of the accident date. Therefore, the two-year limitation starts from the date of the mishap. This claim is differentiated from an insurance claim, which should be filed immediately.
Because it takes an accident attorney a good deal of time and effort to review an accident case, an action on your part should not be delayed. For example, any insurance claim should be filed as soon as possible as doing so will enable you to go to court if you cannot reach a settlement.
Were You Hit by a Bus?
An accident attorney will also have difficulty in reaching a settlement for you if, for example, you are hit by a government vehicle. Any time that an individual tries to obtain compensation from a government entity, regardless of the level, an administrative claim is normally filed instead. In this instance, you frequently are allotted only 60 to 90 days to try to obtain some type of remuneration.
If you were partly at fault in a car accident, the state covers this factor with a modified comparative fault rule. Therefore, you are entitled to compensation in terms of the percentage that is determined to be your fault. For example, if you were deemed to be 30% at fault for a $100,000 claim, you would receive $70,000.
Know what you need to do in order to rightfully claim your share of a settlement in an accident that was partially your fault or the entire fault of another party.