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How Long Do I Have to File a Car Accident Claim

How Long Do I Have to File a Car Accident Claim?

Texas law requires you to report an accident within two years in order to file an insurance claim. The claims process can be difficult to navigate on your own, so consider working with an experienced car accident attorney in order to simplify the experience and maximize the compensation you receive.

The Texas Personal Injury Statute of Limitations

All states have imposed statutory limits on the amount of time you have to go to civil court and file a lawsuit after you have suffered some type of harm. These deadlines vary depending on what type of case you want to file, but this kind of law is called a “statute of limitations.”

In Texas, the statute of limitations for personal injury cases gives you two years from the date of the injury to file a lawsuit in the state’s civil court system.

It’s crucial to understand and comply with this rule. If you don’t get your lawsuit filed before the two-year window closes, the Texas civil court system will likely refuse to hear your case, and your right to compensation will be lost. The filing deadline could be extended (or measured by a different timeline) in certain circumstances. Talk to an experienced Texas attorney for details on how the statute of limitations applies to your situation.

Note that if your injury occurred due to the negligence of an employee or agency of the government (whether at the local or state level) in Texas, you’ll need to play by a different set of rules if you want to get compensation for your losses (more on this a few sections below).

Texas Shared Fault Rules

In some personal injury cases, the person or business you’re filing a claim against argues that you are actually to blame (at least partially) for the incident that led to your injuries. If you do share some degree of liability, it can end up affecting the total amount of compensation you can receive from other at-fault parties.

In shared-fault injury cases, Texas follows a “modified comparative negligence rule,” meaning that the amount of compensation you’re entitled to receive will be reduced by an amount that is equal to your percentage of fault. But if you’re found to bear more than 50 percent of the legal blame, you can’t collect anything at all from other at-fault parties.

Here’s an example of how it works. You are rear-ended at a stoplight, but one of your brake lights isn’t working at the time. During a civil trial, the jury decides that you were 25 percent at fault for the accident, while the other driver was 75 percent to blame. Your damages add up to $20,000. How does your share of the fault affect your compensation? Under Texas’s modified comparative negligence rule, your compensation will be reduced to $15,000 (or the $20,000 total minus the $5,000 that represents your share of fault for the accident.)

Texas courts are obligated to follow this rule in an injury lawsuit that makes it to trial, and don’t be surprised if the other side’s insurance adjuster raises the issue of Texas’s comparative negligence rule during injury settlement negotiations.

Caps on Injury Damages in Texas

Some states place limits on the types of compensatory damages an injured person can receive after a successful personal injury trial.

In Texas, statutory limitations on damages only apply to medical malpractice cases. These caps are too complex to fully explain here, but in most medical malpractice cases, non-economic damages (such as those meant to compensate for “pain and suffering”) are limited to $250,000 per defendant, and $500,000 overall. For medical malpractice cases involving wrongful death in Texas, there is a cap that is indexed for inflation. The cap started out at $500,000 back in 1977, but with the inflation adjustment it is now around two million dollars or more.

Remember, these caps do not apply to all personal injury cases across the board, only those stemming from medical malpractice.

Injury Claims Against the Texas Government

If your injury case involves the potential liability of a government entity or employee in Texas—you slipped and fell on an improperly maintained stairway in a state-owned building, for example—you cannot simply file a lawsuit against the government.

Instead, you need to file a formal claim with the governmental unit that you believe may be responsible for causing your injury, and the claim needs to be filed within 6 months of the underlying incident. The claim should include a description of the damage or injury, the time and place of the incident, and a summary account of what happened, according to Tex. Civ. Prac. & Rem. Code section 101.101.

This article offers an overview of laws that could come into play in a personal injury case in Texas. For a full understanding of your best course of action after an injury, learn how to find the right personal injury lawyer for you and your case.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

Personal Injury Law Office in Houston, Texas

If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!

Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.

For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.

We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.

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