Frequently Asked questions

Got questions? We’ve got answers.

Why should I hire a lawyer after a car accident?

Many insurance companies may appear supportive and rush you to sign documents or accept a settlement before fully understanding the extent of your injuries. A lawyer will ensure you’re not pressured, allowing you to focus on your recovery while securing the compensation you deserve.

When is the best time to contact a lawyer for my accident?

Once you’ve ensured that you, your family, and any other victims involved are safe – as soon as possible!

Can I hire an accident lawyer if I don’t have any injuries?

You can, however, most attorneys will not take your case if it only involves property damage without any injuries.

Can I successfully settle an accident case without the help of an attorney?

Yes, however, lawyers handle a variety of cases, and by handling the case on your own, you risk missing out on their expertise and knowledge of your case’s true value.

How much do accident lawyers charge?

Accident lawyers typically charge a contingency fee of 35% if the case is resolved without filing a lawsuit, and 40% if a lawsuit is necessary. Additional court costs and expenses may apply on top of these fees.

Can I change my accident lawyer?

Yes, you can. However, be aware that you likely signed a contract with your current lawyer. If you choose to hire a new lawyer, you’ll need to terminate the existing contract and may incur additional fees and expenses.

What’s the value of my car accident case?

The value of your car accident case depends on key factors like the severity of your injuries, your medical expenses, lost wages, and who was at fault. Damages typically cover medical bills, property damage, lost income, and pain and suffering. For an accurate estimate, a personal injury lawyer can review your medical records, accident report, and other relevant documents. Every case is unique, so consulting with a lawyer can give you a clearer idea of what your case may be worth.

What is the Texas Statue of Limitations?

The Texas statute of limitations is a set of laws that outline the maximum time after an event within which legal proceedings may be initiated. In other words, these laws define the time limit you have to take legal action on something.

How long does the Texas Statute of Limitations say I have to file a personal injury claim?

In the context of personal injury cases in Texas, you typically have two years from the date of the injury to file a lawsuit. If you don’t file within this time, you will usually be barred from bringing a lawsuit regarding that injury in the future. However, there can be exceptions or circumstances that might extend or shorten this period.

It’s important to note that different types of cases have different statutes of limitations. For example, if your case involves a contract, you have four years to file a lawsuit.

What happens if I don't file my claim in time?

If you do not file your lawsuit within the time period set by the statute of limitations, you will likely lose your right to sue. The court will probably dismiss your case as “time-barred.”

In other words, if you try to file your personal injury lawsuit after the statute of limitations has expired, the person or entity you are trying to sue can use the expired statute of limitations as a defense. This means they can ask the court to dismiss your case, and the court would usually grant that request.

There are some exceptions, but they are rare. For example, sometimes the clock on the statute of limitations can be “tolled” or paused, such as when the injured party is a minor or mentally incompetent.

I am from a different state but had a car accident in Texas. Where do I file my personal injury lawsuit?

If your car accident occurred in Texas, you would generally file your personal injury lawsuit in Texas, regardless of where you live. The laws of the state where the accident occurred would typically govern your case. This is because the jurisdiction – the authority of a court to hear a case – usually lies where the incident took place.

Is the Statue of Limitations the same for incidents involving government employees or agencies?

No, the statute of limitations for incidents involving government employees or agencies can be different and often more complex compared to those involving private parties.

In Texas, if you plan to sue a government employee or agency, you must typically give notice of a claim (sometimes called an “intent to sue”) within a short period after the incident – sometimes as few as 30 to 180 days, depending on the specifics of the situation (see Sec. 101.101).

This requirement to provide notice is in addition to the regular statute of limitations, which is the deadline to actually file the lawsuit in court. The notice requirement ensures the government agency has adequate information and time to investigate the incident.

As always, due to the complexity of these laws and potential exceptions, it’s highly recommended to consult with an attorney experienced in cases against government entities to guide you through the process.

Still have questions?