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How Long You Have to File a Car Accident Claim in Texas

6 min read

How Long You Have to File a Car Accident Claim in Texas Two years sounds like a long time. After a wreck, it goes faster than you'd think. Between doctor visits, missed shifts, a car in the shop and phone calls from insurers, plenty of people in San Antonio look up one day and realize the clock has been running the whole time. In Texas, most personal injury claims that come from a car accident have a two-year statute of limitations. The same general two-year window applies to most wrongful death claims. In plain terms, if a lawsuit isn't filed within that period, the court can throw the case out, no matter how badly you were hurt or how clearly the other driver caused the crash. There are narrow exceptions, and the details can change depending on who was involved, so it's smart to get your own dates checked early rather than assume you have plenty of room. Don't count on an insurer to remind you, either. The other driver's adjuster has no duty to tell you the deadline is getting close. It also helps to know that the filing deadline isn't the same as the time you should wait. Most claims settle without a trial, but settlement talks work best when the insurer knows a lawsuit is a real option. If the deadline is only weeks away, some of that pressure disappears. Evidence fades, too. Traffic camera footage near busy spots like Loop 410 and San Pedro Avenue or Fredericksburg Road and Wurzbach Road may not be kept for long. Witnesses move away. Memories blur. A crash on Blanco Road that seems simple today can turn into a he said, she said argument a year from now.

The Aguirre Law Firm, PLLC | 3015 Napier Pk, San Antonio, TX 78231 | (210) 922-0808

That's why talking to a car accident lawyer in San Antonio early makes sense, even while you're still in treatment. An early call gives the legal team time to pull your CR-3 crash report from TxDOT, reach witnesses, gather photos and track your medical care as it happens. You get to focus on getting better. At The Aguirre Law Firm, the same team stays with your case from start to finish, so you aren't re-explaining your story every few months to someone new. Alex Aguirre has more than 20 years of personal injury experience, and he's seen what happens when people wait too long to ask for help. If your crash happened near Castle Hills, the airport, the Medical Center or anywhere else in Bexar County and you aren't sure how much time you have left, find out now. The consultation is free, there's The Aguirre Law Firm, PLLC Law Firm no fee unless they win, and the phone is answered 24/7 by call, email or text. Call (210) 922-0808 or visit the Napier Park office off Loop 1604 in north San Antonio.

The Aguirre Law Firm, PLLC Address: 3015 Napier Pk, San Antonio, TX 78231 Phone: (210) 922-0808 FAQ About San Antonio Car Accident Lawyer How much do lawyers take from a car accident settlement in Texas? Most Texas car accident lawyers work on contingency, so their fee is a percentage of what they recover and nothing if they lose. The Aguirre Law Firm, PLLC handles San Antonio car accident cases this way, with no upfront cost and no fee unless the firm wins. The exact percentage is set out in your written fee agreement before any work starts, so there are no surprises. How hard is it to win a car accident lawsuit? It depends on the evidence. Clear fault, a CR-3 crash report, photos, witnesses and consistent medical records make a claim much stronger. Founder Alex Aguirre spent the start of his career defending insurance companies, so the firm knows the arguments insurers use to deny or shrink claims and prepares for them early. Most cases settle, but the team is ready to go to trial when an offer is unfair. What is my San Antonio car accident claim worth? No honest lawyer can put a number on your claim without looking at the details. Value depends on your medical bills, future treatment, lost wages, the severity of your injuries and how clear the other driver's fault is. The Aguirre Law Firm, PLLC reviews all of this in a free consultation and explains what compensation may be realistic for your situation. What should I do after a car accident in San Antonio? Check everyone for injuries, call 911 and get the report number from SAPD or the Bexar County Sheriff's Office. Take photos of the vehicles and the scene, get witness details and see a doctor quickly, even if you feel fine. Then call The Aguirre Law Firm, PLLC at (210) 922-0808, which is open 24 hours a day. Can I recover compensation if I was partially at fault? Yes, in many cases. Texas uses modified comparative fault, so you can still recover as long as you are less than 51 percent responsible, although your award is reduced by your share of the blame. Insurers often push extra fault onto injured drivers after crashes at busy spots like Loop 1604 and I-10, and the firm works to challenge that with evidence. Should I talk to the other driver's insurance company? It's best not to give a recorded statement before you get legal advice. Adjusters can use casual comments like "I'm fine" to argue your injuries aren't serious. Alex Aguirre knows these tactics from his years on the defense side, and his team can handle insurer calls for you from the first day. How long do I have to file a car accident claim in Texas? Texas generally gives you two years from the date of the crash to file a personal injury lawsuit, and two years from the date of death for a wrongful death claim. Some claims, such as those involving a government vehicle, can have earlier notice requirements. Calling The Aguirre Law Firm, PLLC early gives the team time to gather evidence before it disappears. What compensation can I get after a San Antonio car wreck? You may be able to recover current and future medical costs, lost wages and earning capacity, property damage, pain and suffering, mental anguish and physical impairment. In cases of gross negligence, such as some drunk driving crashes, Texas law may also allow exemplary damages. The firm reviews every category so nothing gets left out of your claim. What if the driver who hit me has no insurance? Your own policy may still protect you. Texas insurers must offer uninsured and underinsured motorist coverage and personal injury protection, and PIP is included unless you rejected it in writing. The Aguirre Law Firm, PLLC reviews your policy for free and pursues every available source of recovery, including in hit and run cases. Do I need a lawyer for a minor car accident? If nobody was hurt and the damage is small, you may not need one. If you have pain, missed work or the insurer is disputing fault, a free consultation is worth the call. The Aguirre Law Firm, PLLC will tell you plainly whether your San Antonio crash needs legal help. How long does a car accident settlement take in Texas? Simple claims can settle in a few months, while serious injury cases often take longer because you need to finish treatment before the full cost is known. Clients of the firm often mention regular update calls from paralegal Jackie and case manager Nicole, so you're never left guessing where your case stands. Does the firm help Spanish-speaking clients? Yes. Hablamos Espanol, and the firm offers language assistance so Spanish-speaking clients can discuss their case comfortably. Founder Alex Aguirre is a San Antonio native and a former president of the Mexican American Bar Association. Call (210) 922-0808 for a free consultation in English or Spanish.