Question 1

When Is it Too Late to Hire a Lawyer?

Accepted Answer

Certain signs indicate it might be too late to get an attorney:

Elapsed deadline. If the two-year deadline for filing a personal injury or property damage lawsuit in Texas has already elapsed, it’s generally too late to pursue legal action. Once this legal window closes, the courts typically dismiss any attempts to file a claim based on the statute of limitations.
Settlement agreement. If you’ve already negotiated and signed a settlement agreement with an insurance company, you may have waived your right to pursue further legal action regarding the accident. These agreements often include a release clause that absolves the other party of additional claims once a settlement is accepted.
Waiting too long. Even if it’s not technically too late to get a lawyer, waiting too long can weaken your case significantly. As time passes:
Evidence may be lost or destroyed.
Witnesses’ memories can fade, making it harder to reconstruct the accident accurately and persuasively.
While these factors do not prevent filing a lawsuit, they can substantially affect the strength and credibility of your case, potentially reducing the amount of compensation you can recover.

Question 2

When Is It Not Too Late to Hire a Lawyer?

Accepted Answer

We’ve discussed when it is too late to hire a lawyer, but what is the right time to hire one? Even if a lot of time has elapsed since your car accident, you may still be able to hire a lawyer and seek compensation for your injuries. For example:

Statute of limitations hasn’t expired. As long as you are within the two-year statute of limitations for personal injury claims, it’s not too late to hire a lawyer. This period gives you the legal right to pursue compensation until the deadline.
Discovery rule. The discovery rule is a narrowly applied exception that allows the statute of limitations to begin from when the injury was discovered or reasonably should have been discovered. This rule can extend the time you have to file a claim if you only became aware of your injuries after some time had passed.
Other exceptions. Other exceptions to the statute of limitations include cases where the claimant is a minor, the defendant leaves the state, or the claimant is mentally incapacitated. In these instances, the lawsuit filing timeline can be extended, giving you more time to secure legal representation.

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