After you are involved in a car accident, the clock begins to tick on your legal rights. That is, the statute of limitations begins to run after you are involved in a car accident. The statute of limitations is a state law that places a limit on how much time can pass before the plaintiff brings their case to Court. Louisiana civil code article 3492 gives you one year from the date of accident to settle your claim or file a lawsuit against the at-fault parties.
If you file a lawsuit after the one year period, your case will likely be dismissed because it was not timely filed. Now Louisiana law gives plaintiffs two years to settle their case or file a lawsuit if they are filing an underinsured/uninsured motorist claim (UM).
In the state of Texas, injured parties have two years from the date of an accident to file a lawsuit or settle their case against the responsible party(ies). This time limit also applies if you are looking to file an uninsured/underinsured motorist claim under Texas Civil Practice & Remedies Code, Section 16.003. The best policy is to file suit as soon as possible so that you can ensure that your rights are not taken away by the passage of time.
Many times following an accident, the insurance companies will try to get you to take a quick settlement. However, you have time to consult with an attorney before you take a quick check from the insurance company. Give my firm a call so that I can make sure that you are getting compensated for all of your damages including:
- Medical Bills
- Vehicle Damage/Loss of Use/Diminished Value of your Vehicle
- Pain and Suffering
- Loss time from work
- Mental Anguish/Emotional Distress
- Loss of Companionship, and more.