How Much Is My Personal Injury Case Worth?

Personal injuries can occur because of many different events. These injuries have long-term, life-altering effects and, in some cases, may be life-threatening. Often, victims of such accidents will require lifelong medical care, which leads to high medical bills and can affect the victim’s quality of life. Before filing a personal injury lawsuit, you may want to know how much your case is worth. This will help you plan and ensure all bills are settled. However, each case is unique; your lawyer will consider several aspects when calculating the claim’s value.

How Much Is MY Personal Injury Case Worth?

There are different types of personal injuries. Considering their permanent nature, these injuries can be costly to treat. In addition, you may also suffer other types of losses. In the end, no two personal injury cases are alike. Therefore, the amount of compensation you get will depend on the circumstances of your case.

Who Is Liable for Personal Injuries?

When you suffer catastrophic injuries, not only do you want to seek compensation for those injuries, but you also want to make sure that you hold all liable parties accountable for their actions. To determine who bears liability for your injuries, your lawyers will need to discover who owned you a duty of care and how that duty of care was violated in a way that led to your injuries.

How Long Do I Have to File a Car Accident Injury Case?

Did you know you have limited time after a car accident to file any claims? Understanding the Texas car accident statute of limitations is key to protecting your legal rights for damages.

After sustaining an injury in a car accident, your health and well-being may understandably be your primary focus. Texas law has a time limit for injured victims to sue the responsible party for compensation. This compensation can cover medical bills, car repairs, lost wages, and other costs.

Over the past 35 years, Baumgartner Law Firm has been dedicated to helping car accident victims in cities and towns across the state of Texas navigate the complexities of the legal system. We help clients with legal representation to recover and secure their financial future. Super Lawyers have recognized our unmatched professionalism and excellence, Top 100 Trial Lawyers, Lead Counsel Rated, Newsweek, Martindale Hubble, and many others.

Baumgartner Law Firm can explain everything you need to know about the Texas car accident statute of limitations to protect your legal rights and ensure that you are in a position to get the compensation you truly deserve. If you have questions or need help filing a claim or lawsuit, request a free consultation with our lawyer by calling (281) 587-1111 or visiting our contact page.

What Is a Statute of Limitations?

All states, like Texas, have time limits for victims to sue and get compensation after a car crash. In simple terms, you have a limited amount of time to sue someone responsible for an accident that caused harm. The time limit, known as the “statute of limitations,” varies based on state law and the type of legal action.

The statute of limitations stops people from being sued for something that happened a long time ago. The statute of limitations prevents lawsuits for old events. It protects defendants from unfair legal action by limiting the time for the injured party to sue.

What Is the Texas Car Accident Statute of Limitations?

Generally, the statute of limitations for car accidents in Texas is two years from the date of the accident under Tex. Civ. Prac. & Rem. Code §16.003. All car accident lawsuits against the person responsible must be filed within two years. This deadline applies to cases involving personal injury, property damage, or wrongful death.

When Does the Statute of Limitations Begin?

The limitation period typically starts running on the day the car accident happens. This date is also known as the date a cause of action “accrues.” If a plaintiff files a personal injury or wrongful death claim in Texas, the cause of action accrues on the date of the accident that caused the death.

What Happens if the Defendant Is a Government Agency?

If a car accident results from the negligence of a government agency or entity (e.g., dangerous road conditions) or a government employee (a crash caused by a city bus driver), there is a special set of rules, including time limits, for filing a legal claim. According to Tex. Civ. Prac. & Rem. Code §101.101, injured victims must give government agencies notice of their claim within a shorter period – only six months (and the time can be less for some local governmental entities)– after the accident that gives rise to the claim. If the government agency is not notified of the claim within six months (or a shorter timeline), the plaintiff may lose their right to sue.

What Happens if the Statute of Limitations Deadline Expires?

If you wait too long to sue after a car accident in Texas, the defendant in your case can ask for it to be thrown out. The court will likely approve the request. This is unless you can prove that your case falls under one of the exceptions in the Texas car accident time limit law.

If you sue someone after the time limit has passed, the court may dismiss your case. If this happens, you will not be able to receive compensation through a lawsuit. It is crucial to understand that the time limit for your car accident case is not a flexible deadline. That is why you must take timely action to protect your rights and consult with a lawyer to discuss your best course of action and the chances of winning a personal injury lawsuit before initiating legal proceedings.

Exceptions to the Statute of Limitations in Texas Car Accidents

When your case qualifies for an exception, the deadline for filing a lawsuit after a car accident can be extended. Texas law recognizes the following exceptions to the statute of limitations:

The plaintiff is mentally disabled or incapacitated. Suppose the potential plaintiff lacks mental capacity, which prevents them from making legal decisions, including the decision to pursue legal action. In that case, the statute of limitations might be tolled (paused) until they are no longer mentally disabled or incapacitated.
The plaintiff is a minor. If the potential plaintiff has not reached the age of 18 on the date of the car accident, the two-year statute of limitations will not start running until after their 18th birthday. In other words, the victim can file a lawsuit until their 20th birthday.

If any of these three exceptions may apply to your car accident case, you might be able to extend the deadline for bringing legal action. You must discuss the facts of your case with a Texas personal injury lawyer right away. However, it is highly recommended that you do not wait too long to consult with a lawyer to discuss the specifics of your case and understand your best course of action.

Get Help from a Nationally Recognized Personal Injury Law Firm

If you have questions about the Texas car accident statute of limitations or your right to file a lawsuit, contact Baumgartner Law Firm. We know you’re having a tough time and might not have the energy to deal with legal problems right now. Our award-winning personal injury lawyer in Houston can help you navigate the complicated waters a car accident has put you and your family in and take the legal burden off your shoulders.

We have the necessary expertise and resources to handle your case from beginning to end so you can focus on your recovery and return to your normal lifestyle. Reach out to our office today for a free case assessment and discuss how we can help you fight for the compensation you deserve. Call (281) 587-1111 or fill out the form at the bottom of this page to request a free consultation.

Contact a Texas Auto Accident Lawyer at Baumgartner Law Firm for a Free Consultation

Contact the Baumgartner Law Firm in Houston for a free consultation on personal injury cases and learn your rights and options. Contact us for a FREE Case Evaluation.

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About Our Law Firm

Houston personal injury lawyer Greg Baumgartner heads Baumgartner Law Firm.

Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.

Helping these areas around Houston

Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Atascocita, Kingwood and Tomball.