If you’re injured in an accident and want to file a claim to get compensation from the person at fault, you may not realize it, but the moment the accident happens, you are on a time clock. There are very specific guidelines for how long you have to file a case and if you miss any or all of these deadlines you could miss out on the chance to win compensation for your losses, injuries, and other damages no matter how good of a case you may have.
What is a Statute of Limitations?
Statutes of limitations exist for all types of legal matters from criminal charges to lawsuits for personal injury. What they are, are a set of legally set deadlines to file a charge or a claim, or some other legal motion. Once these deadlines pass, it can be difficult and even impossible to have your case filed and seek a judgment. States set the statute of limitations for all sorts of legal matters and they are generally set in stone, meaning there is little to no room for exception to missing the deadline.
In terms of a motorcycle or other vehicle accident claim, the deadline refers to how long you have to complete the process, not to start it. In some cases the claims process may involve multiple steps and take a while to complete. This is the reason we always advise clients to start as early as possible. The best way to handle filing a claim for a motorcycle accident is to hire a personal injury attorney and let them walk you through the process.
The Texas Statute of Limitations For Motorcycle Accidents
The state of Texas sets a limit of 2 years to file a claim for a motorcycle accident in the state. There are no exceptions to missing this deadline. However, if you are involved in an accident with a vehicle operated by an employee of the state or any affiliates, the window to file a claim shrinks to 180 days (6 months).
There are also specific rules for how you must file. If the information of the defendant is known, you must file the claim within the jurisdiction of the defendant’s area of residence or where the accident took place with the Texas civil court.
It is advised to have your personal injury attorney help you with where to file your claim for maximum results. Attorneys can help by picking an area with favorable judges, etc.
Once you file your claim the at-fault party will have the option to reply to the filing. If the at-fault driver was insured, then the insurance company will likely reply on their behalf and the next step is typically settlement negotiations. It is important never to take a settlement directly from the opposing insurance company as it can be much lower than the actual value of your case.
Your personal injury attorney will handle preparing your case and dealing with the insurance company, the investigators and any other parties on your behalf. Only if your attorney negotiates an offer should you consider settling in a personal injury case. Your attorney will know what your injuries and your case is worth and if need be, take your case to trial.
