Motor vehicle accidents tend to come seemingly out of nowhere. We know they can happen, so we do our best to avoid them by driving safely and responsibly. But there’s not much you can do about the mistakes of the drivers around you. You may be thinking of filing a personal injury lawsuit, but you need to understand that the clock is ticking.
There is a legal time limit
Texas requires the driver of every vehicle to drive with a reasonable degree of care at all times. When someone fails that duty, causes an accident and injures you in the process, they are considered legally negligent and may be held responsible. To do so, Texas gives you the right to file a personal injury lawsuit – it’s the legal means for you to be made whole again.
However, at the same time Texas gives you the right to sue, it also places a time limit on that right. This is known as the statute of limitations. Generally, you have two years from the date of your accident to file your suit. If you do not, you lose the right forever.
There’s also a practical time limit
Long before the statute of limitations expires, there will likely need to be an investigation into your accident. The strength of you case is dependent upon evidence – the better the evidence, the more likely your case will succeed. The problem is that evidence often has a shelf life.
The more time which passes, the more witness memories will fade. Things like documents or video, which must be collected and preserved, can be disposed of or otherwise become unavailable.
Once you’ve made the decision that a personal injury lawsuit is your best option, don’t wait to speak to an experienced attorney – they can immediately begin the process so that your case is as strong as possible.