My Accident Was a Year Ago. Do I Still Have a Claim?
Posted on Wednesday, June 1st, 2022 at 8:04 pm
After someone else caused an accident in which you were injured, you might experience long-term problems, such as chronic pain or emotional stress that consistently affect your quality of life. Some do not discover their injuries right away. Others are kept busy with their medical and emotional recovery and have not had the time to focus on pursuing the compensation they might be owed.
If it’s been a year since your accident in Beaumont, you may wonder if you still have a claim against the person or party who injured you. While delays in preparing or filing your claim may complicate the process, the good news is that you may still have legal options, depending on the specifics of your case. In this post, we’ll discuss the deadlines you should know for your claim and where to begin if it’s been a year since your accident.
For your best chances of receiving compensation for your injuries and losses, you should obtain the services of a personal injury lawyer as soon as possible. The Beaumont personal injury attorneys of Portner Bond, PLLC are compassionate with their clients and aggressive with insurers. In our more than seventy years of collective experience, we’ve won million and multimillion-dollar awards and settlements for injury victims. If you have pressing questions, call our office at (409) 838-4444, or reach out online for a free, no-obligation case review.
Know Your Deadline to File
Texas’s statute of limitations for personal injury cases is section 16.003 of the Texas Civil Practice and Remedies Code. Under this law, you will generally have two years from the date of the accident to file a lawsuit for the injuries you sustained.
If your case has certain special circumstances, the Code allows for a pause of the two-year filing deadline. Alternatively, depending on the nature of the accident, the period in which you can file may also begin from a different point. These circumstances include:
Injured minor – If the injured person was under 18 at the time of the accident, the state pauses the two-year deadline. The injured party can file a lawsuit up to two years after their eighteenth birthday.
Legally disabled prior to the accident – If the injured person is considered “of unsound mind” before the accident, they will not be subject to the two-year deadline for the duration of their disability. Note that the two-year deadline still applies if the disability results from the accident.
Injuries related to asbestos or silica – If asbestos or silica exposure caused your injury even in part, the two-year deadline begins on the date you serve a medical certification of your injuries to the defendant.
Injured person leaves Texas temporarily – The two-year deadline pauses while the injured person lives outside of Texas for an extended but temporary period. It will resume once they return.
Someone injured you while committing a certain crime – If the defendant injured you while committing any of the offenses specified in Section 16.0045, including sexual assault/abuse, prostitution, or human trafficking, you have thirty years from the date of the injury to file a related personal injury suit.
You should consult your attorney about which deadlines apply for your specific accident as soon as possible. If you file after the prescribed deadline, the court can dismiss your case, and you will lose your right to seek compensation for your injuries. Contact us today.
Consider the Time Needed to Prepare
If it’s been a year since your accident, the statute of limitations will usually give you at least one more year to file your suit. However, before you and your legal team can file, there are certain steps you must complete. They include:
Investigating the accident – You and your lawyer will gather police reports, documentation of your injuries, medical bills, and receipts that relate to the accident. You should also obtain documentation of your non-economic losses (such as pain and suffering) video of the accident from nearby security cameras or dash cams and the information of witnesses who can support your case. You may need to allow additional time or effort to this process, as people may not always keep the evidence you need in an accessible place for long.
Insurance claims and negotiations – Your insurance company may have specific deadlines and procedures to file a claim. If your legal team can negotiate a satisfactory settlement for you, your case may never have to go to court. Beginning the claim process, writing a demand letter, and conducting negotiations earlier will increase your chances of a good outcome. Contact us today.
Contact Our Personal Injury Team Today
You may still have a claim one year after your accident in Beaumont. However, the delay makes it more crucial for you to seek the services of a personal injury attorney. Don’t wait to get a free case review from the team at Portner Bond, PLLC by calling (409) 838-4444 today.