Statute of Limitations in Fort Worth Car Accident Cases
Car accidents cause serious injuries every day in Fort Worth. In many cases, the accident could have been prevented if the drivers had acted responsibly behind the wheel. When another’s negligent or reckless actions causes an accident, they may be held liable in court. However, the statute of limitations in Fort Worth car accident cases restricts the amount of time an injured person has to file a claim after an accident. A skilled car accident lawyer could help complete actions necessary to file a lawsuit within the statutory deadline.
Understanding the Statute of Limitations
A statute of limitations is a law contained in a state or federal code that sets a time limit for filing a lawsuit. Most jurisdictions establish varying statutory limits for different types of actions, both civil and criminal. If someone files a claim after the statutory period has passed, the court will usually dismiss the case.
The statute of limitations is often substantially longer for criminal cases than for civil actions. For instance, the time allotted to the government to file an action against someone for child endangerment is significantly longer than the time allocated to accident victims by the statute of limitations in Fort Worth car accident cases.
Deadline to File A Claim in Fort Worth
Chapter 16 of the state Civil Practice and Remedies Code sets for the limitation periods for various types of civil lawsuits. Texas Civil Practice & Remedies Code §16.003 establishes a two-year limitations period for many personal injury claims. Cases must be filed within two years of the date of the injuries.
Other Timing Issues in Car Accident Cases
In addition to the statute of limitations in Fort Worth car accident cases, those in an accident need to be mindful of other deadlines. While drivers are not usually required to file written car accident reports, they are required to inform the police of the accident immediately under Tex. Trans. Code §550.026 if the accident resulted in injury, death, or vehicle damage that renders a car unfit to drive.
Another factor to keep in mind is that to prove liability for a car accident, it is necessary to provide evidence to support a claim. The best time to collect evidence is shortly after the accident, so prompt assistance from a legal professional could help establish liability.
How a Car Accident Attorney Could Help
The statute of limitations plays a key role in car accident cases even if a claim is settled by a payment from an insurance company. Insurers or responsible parties will only agree to settle if they believe an injured individual is likely to be able to demonstrate liability in court. If someone injured in a car accident waits until the passing of the statute of limitations in Fort Worth car accident cases, the insurer or responsible party will have no incentive to settle.
Accordingly, it is essential to understand and comply with the statute of limitations in all car accident cases in Fort Worth. For assistance preparing a filing a claim within the statutory deadline, it may be helpful to consult a personal injury attorney.