How Long Do You Have To File A Car Accident Claim In San Antonio?
If you have been injured in a car accident caused by a driver who was speeding, driving while texting, or otherwise acting negligently, you can file a claim against them for monetary damages. Car accident claims in San Antonio are governed by many state laws, and one of them is the statute of limitations, or the time limit on your claim. Time limits on car accident claims sound fairly straightforward, but there are times when the statute limitations is tolled, which can make a case more complex. A San Antonio car accident lawyer will make sure your claim is filed on time and guide you throughout the entire claims process.
What is the Statute of Limitations on Car Accident Claims in San Antonio?
In San Antonio, as throughout the rest of Texas, you typically only have two years from the date of the accident to file your car accident claim. If you fail to file within this time, you will lose any legal right to file a claim in most cases.
To many people, two years after a crash sounds like a long time, but it is not. Prior to filing your claim, a full investigation must be conducted to determine how the crash happened so you know which party to hold liable for paying damages. You must also reach maximum medical improvement, meaning your injuries will not become any better, but they will not get worse, either. Reaching maximum medical improvement will determine how much you can pursue for your medical expenses. All of this can take time, and two years can pass quickly in many cases.
When is the Statute of Limitations Tolled?
There are some circumstances which can result in the statute of limitations being tolled, or delayed. These are as follows:
- Injuries to a child: If the parents of a minor child want to file a claim on their child’s behalf, the statute of limitations of two years from the date of the accident applies. However, if a claim is not filed on a child’s behalf, the child has two years from the date of their 18th birthday to file a claim on their own.
- Claims against the government: Sometimes, a government entity may have been responsible for your accident. For example, the municipal government may have failed to properly maintain a roadway. In this scenario, where the city of San Antonio is involved, you must provide notice in the specific manner within ninety days of the accident. For other governmental entities, like a county, you only have six months to provide the appropriate legal notice.
Our Car Accident Lawyer in San Antonio Will File Your Claim On Time
If you have been hurt in a car accident, do not file a claim on your own. At the Law Office of Israel Garcia, our San Antonio car accident lawyer can advise you on the laws that apply to your case and make sure it is protected so you claim the full settlement you are entitled to. Call us now at 210-LAW-9999 or reach out to us online to schedule a free consultation.