Is There A Deadline To File A Truck Accident Lawsuit In Texas?
According to section 16.003 of the Texas Civil Practice & Remedies Code, the deadline for filing an accident lawsuit in the state of Texas is two years after the date of the accident. This provision applies to injuries suffered as the result of an accident involving a truck, car, motorcycle, or bicycle.
The person filing the lawsuit can be the driver of the other car or motorcycle, or a passenger, cyclist, or pedestrian who was otherwise involved in the accident. Additionally, if you wish to hire a truck accident lawyer in Dallas to file a lawsuit over damage to your vehicle, the same two-year statute of limitations, or deadline, applies.
Wrongful Death Lawsuit Filing Deadlines Are Different In Texas
If one of your family members was killed in an accident involving a truck, and you want to file a wrongful death lawsuit against the driver who caused the accident, the two-year deadline normally applies.
However, in the state of Texas, the “clock” does not start until the date the person passed away. Of course, this date may not be the same as the date of the accident, especially if the deceased was in the hospital prior to his or her death. Also under Texas law, the clock can be paused for up to a year after the date of the person’s death, which can drag the lawsuit out even further.
Things That Could Lead To Missing Lawsuit Filing Deadline
For one thing, if you are the victim in a personal injury lawsuit, you may be too hurt to file a lawsuit right away, or otherwise not in the right frame of mind to do so. Therefore, not filing the lawsuit for a period of, say, six months may have negative impacts on your case – a delay that could not have possibly been helped.
You may also be struggling to cope with mounting medical bills, making the stress of a lawsuit something you may not want to deal with right away. But when it comes to filing a lawsuit, sooner is always better, even if it’s the last thing you want to think about right now.
In the case of a personal injury lawsuit, you may be concerned that you have not yet gathered enough medical paperwork to make your case. This is fine. More than likely, you will not need to have all of your paperwork from the very beginning and can provide more over the course of the lawsuit. It is more important to start the proceedings with the understanding that you will furnish more paperwork as it becomes available to you.
However, it is also important that you fully assess and understand all damages to which you are entitled before you bring your suit. For this, you may want to consider hiring an attorney.
An attorney can help you expedite the matter while ensuring that you are not missing out on damages that you might otherwise have been awarded, had you held out longer on a settlement.
Consequences Of Waiting Too Long To File A Truck Accident Lawsuit
It is always risky to delay filing a lawsuit. This is because the longer you wait, the more likely it is that important evidence will be accidentally destroyed or otherwise lost. In the case of a personal injury lawsuit, the longer you wait to file, the less serious your injuries appear to be, and the less likely it will be that your lawsuit will be taken seriously.
As with any lawsuit, if you wait too long to file, then you may not be permitted to file at all.
Winning A Truck Accident Lawsuit In The State Of Texas
Whether you are pursuing a personal injury or wrongful death claim, your likelihood of success depends on being able to prove that the other driver’s negligence was the cause of the crash. You also have a better chance of winning your case the earlier you file your lawsuit. This is true even if your insurance company is still working on your case.
By filing your lawsuit early, you give yourself more time to work out a settlement without feeling rushed. This allows you to take as much time as you need to hold out for your desired outcome. If, however, your deadline for filing is fast approaching, you may want to consider contacting a Dallas truck accident lawyer to help manage your case. Contact us today to get the process started.
Frequently Asked Questions
- How Is Liability Determined In A Car Accident in Texas?
- What If The Other Driver In A Texas Car Accident Is Uninsured?
- When Should You Talk To An Insurance Adjuster After A Car Accident?
- Do You Have a Case Even If There Was No Damage To Your Car In An Accident In Texas?
- What Should You Say To The Insurance Company After An Accident?