After a personal injury-related accident, you may be wondering what your next steps should be. First, you must familiarize yourself with the state's personal injury statute of limitations. This statute limits the time you have to file a personal injury claim.
Statute of Limitations
In Texas, the statute of limitations is two years from the date of the accident, which, of course, led to your injury. If it's been two years since your accident, don't worry, as there may be exceptions to the timeline. Cases involving:
- Victims under the age of 18
- The defendant leaving the state—in this case, the countdown stops in their absence and won’t resume until they return.
- Unaware injuries—in this case, the countdown won’t begin until the victim becomes aware they suffered an injury.
If a victim fails to meet the filing date, they lose the opportunity to seek compensation from the at-fault party. Filing a claim the moment you become aware of your injuries is crucial, as evidence can become invaluable as time goes on.
Texas allows does not allow caps on economic or non-economic damages in a car accident lawsuit in Texas. After a car accident, a victim is allowed to recover compensation for:
- Medical bills
- Medical Treatment
- Lost wages
- Property Damage
Punitive damages are also available if the driver displays behavior that shows an extreme lack of concern for others' safety. Just know there is a cap on punitive damages. According to Texas Statute Sec. 41.008,
“Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:
- (A) Two times the amount of economic damages; plus
(B) An amount equal to any non-economic damages found by the jury, not to exceed $750,000; or
We all hope to walk away from a car accident with minor injuries, but sadly, that's not the reality for many. Our team at Robins Cloud LLP can assist you with seeking compensation to get you the care you need. With over 30 years of practice experience, our firm has handled some of the most complex personal injury cases in Houston, Texas. Getting the justice you need is only a call and click away. You can reach our office at (800) 691-2363 or through a consultation request form.