The timing after a car accident is critical, especially when seeking legal representation. Knowing when it is too late to get a lawyer for a car accident is important for protecting your rights.
At Kolodny Law Firm, we stress the importance of consulting a lawyer promptly to avoid missing critical deadlines that could impact your case. Quick action can significantly influence the outcome. This guide will detail the crucial timelines involved in car accident claims and explain why acting quickly is vital.
The Car Accident Statute of Limitations in Texas
The statute of limitations in Texas is the deadline for filing a lawsuit in the courts. This date dictates the window within which you must act to preserve your right to seek compensation. Specifically, Texas law generally allows two years for bringing a personal injury claim.
That means you have two years from the date of the car accident to file a lawsuit against those responsible for any injuries you suffered. While there are some exceptions to the filing deadline, these exemptions don’t apply in most cases.
You could forfeit your right to compensation if you miss the filing deadline. That means you would receive no compensation for your injuries, regardless of injury severity or whether the other driver was 100% at fault.
Therefore, it is imperative to consult with a lawyer as soon as possible after a car accident to ensure you don’t miss the statute of limitations or any other legal deadlines. Contact a knowledgeable Houston car accident lawyer at Kolodny Law Firm who can clarify your filing deadline.
For a free legal consultation, call (713) 532-4474
When Is it Too Late to Hire a Lawyer?
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.
When Is It Not Too Late to Hire a Lawyer?
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.
If you want to know when it is too late to get a lawyer for a car accident in Texas, contact the experienced team at Kolodny Law Firm. We can look at the specifics of your case and help you understand your legal options, even if time has passed since the incident.
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Ideal Timing for Hiring a Car Accident Lawyer
Early legal representation can significantly influence the strength and outcome of your claim. An experienced lawyer can provide critical advice, helping you avoid common pitfalls that could negatively impact your claim.
The integrity of evidence can deteriorate over time. Physical evidence at the crash site can be altered or destroyed, and witness memories may fade. A lawyer can quickly secure vital evidence, organize accident reconstructions if necessary, and obtain witness statements while the details remain fresh.
Insurance adjusters are skilled at minimizing payouts. A lawyer can negotiate with these adjusters, ensuring your rights are protected and you are not pressured into accepting a low settlement.
Handling a car accident claim can be stressful. Having a lawyer represent you for your legal claim allows you to focus on recovery, reducing the burden and anxiety of managing a claim.
Contact a Houston Car Accident Lawyer at Kolodny Law Firm
Selecting the best legal representation can significantly influence the outcome of your case. At Kolodny Law Firm, we deeply understand local laws and regulations governing your case. This knowledge is crucial for effectively navigating the complexities of your claim.
Our team prioritizes your needs and goals, offering personalized legal strategies tailored to your circumstances. This approach ensures that you feel supported and informed throughout the legal process. We have a history of securing favorable client outcomes through settlements and court verdicts.
Schedule a free, no-obligation consultation if you need assistance after a Texas car accident. We are committed to delivering justice and helping you maximize your potential compensation. Contact us today to learn how we can help you navigate this challenging time.
Call (713) 532-4474 or complete a Free Case Evaluation form
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Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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