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Car Accident

How Long After Car Accident Can You Claim Injury?

Video Transcript


Speakers: Kevin L. Edwards and Pedro “Peter” de la Cerda


How Long After a Car Accident Can You Claim Injury?


Kevin: We get quite a few calls from people asking, “How long after a car accident do I have before I have to file my lawsuit?”


Peter: So there’s a couple parts to this question to respond to [omitted] that I see. So the first part, let’s talk about the statute of limitations. So, there are deadlines to file your claims in Texas and in all states. And when it comes to a car wreck case, the general rule is that you have two years from the date of the incident to file your claim.


What Happens if I Am Late Filing My Car Accident Claim?


Peter: There are a couple other factors that [omitted] into play that can affect that deadline, but you never, let me repeat, never want to be late on a statute of limitations because that could bar your claim forever. If you have a claim, you need to speak to an attorney because that claim needs to be pursued expeditiously so that you avoid any problems with the statute of limitations.


When Should I Consult a Medical Provider After an Injury?


Peter: The second part to that question has to do with any delays in pursuing your injury claim with a medical provider [that] can cause practical problems for your case. If you are injured, you need to seek medical attention immediately. Any delays from the moment of the accident to when you seek medical treatment will be looked on disfavorably, not only by the insurance company that’s evaluating the claim to pay it, but also ultimately it may be looked on disfavorably by a jury in the future, if your case were to go to trial. So if you’re injured in a car wreck, seek medical attention immediately. Follow the advice of your medical provider and get the treatment you’re supposed to get so that you have the evidence you need to prove your claim.

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