Anderson Injury Lawyers | May 5, 2023 | Car Accidents
If you were involved in a car accident in Dallas, you could be entitled to compensation for your damages. The first step is to file a car accident claim.
However, your time to file your claim is limited. If you do not file your claim before the deadline, you could lose your right to hold the at-fault driver liable for your injuries and damages.
How Long Do You Have To File an Insurance Claim for a Car Accident in Dallas?
Texas is an at-fault state for car accident cases. Therefore, the state requires all drivers to have minimum liability insurance coverage. Liability insurance pays the accident victim for damages caused by collisions covered by the insurance policy.
The minimum car insurance coverage required for Texas drivers is:
- $30,000 to pay for bodily injury damages per person
- $60,000 maximum bodily injury coverage for all people injured in an accident
- $25,000 to pay for property damage caused by the accident
Most car accident cases are resolved through negotiations with the at-fault driver’s insurance company. Some insurance policies might include deadlines for filing claims; an attorney can help you determine if this is the case in your situation. However, those deadlines do not override the statute of limitations for filing a car accident lawsuit in Texas.
How Long After a Car Accident Can You Sue in Texas?
The statute of limitations for Texas car accident lawsuits is two years from the accident date. You file the lawsuit against the driver who caused the accident, not the insurance company. However, most car insurance policies contain clauses requiring the insurance company to defend the lawsuit.
Exceptions to the statute of limitations could change the deadline for a car accident claim in Dallas. For example, if you sue a government entity for a car accident, you must provide notice of your claim to the government within six months after the accident to preserve your right to file a lawsuit. However, some cities have shorter deadlines to file a notice of claim.
In other cases, the statute of limitations might be paused (tolled), which extends the time to file a lawsuit. For instance, the deadline to file a lawsuit for a child injured in a car crash is extended. Likewise, the court can extend the deadline to file a car accident lawsuit if the at-fault person leaves the state.
Calculating the correct deadline to file a car accident claim in Dallas is essential. The best way to know how long you have to file a claim is to talk with a Dallas car accident lawyer.
What Damages Can I Receive for a Car Accident Claim in Dallas?
Whether you file an insurance claim or personal injury lawsuit, Texas tort laws allow you to seek compensation for your economic and non-economic damages. Therefore, you can receive compensation for damages, including:
- Past and future medical bills
- Out-of-pocket expenses
- Decreased quality of life
- Past and future lost wages
- Mental anguish and emotional distress
- Property damage
- Physical and occupational therapy
- Loss of enjoyment of life
- Long-term care
- Diminished earning capacity
- Scarring and disfigurement
- Physical pain and suffering
- Impairments and disabilities
The amount you receive for a settlement or a jury award depends on the facts of your case. Your injuries impact the value of damages. However, your fault for causing the accident could also impact how much your case is worth.
Texas comparative fault laws bar victims from receiving any money for a claim if they are 51% or more to blame for causing the car crash. However, if the fault is below 51%, the damages are reduced by the percentage of fault.
Do I Need a Dallas Personal Injury Lawyer To File a Car Accident Claim?
You are not legally required to hire a lawyer to file an insurance claim. However, that does not mean you would not benefit from hiring a car accident attorney in Dallas.
Attorneys have the resources to fight insurance companies. They understand the tactics insurance companies use to deny and undervalue damages, including allegations of contributory fault and failure to mitigate damages.
Reasons to consult an attorney about a car accident claim include, but are not limited to:
- You sustained severe injuries or permanent impairments
- A government entity is involved in the case
- You do not know the value of your damages
- Multiple parties are involved in the case
- The crash involved a commercial truck
- Your child was injured
- A family member died because of the car accident
You could receive a lower settlement amount if you try to go up against a large insurance company without a lawyer. Since attorneys offer free consultations, it does not cost you anything to get legal advice about a car accident case before you agree to a settlement offer.
Contact Our Car Accident Law Firm in Texas
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our car accident lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.