For car accidents that take place in the state of Texas, the statute of limitations to file a claim is the same as most personal injury claims, two years. This means you have two years from the day of the accident to file a claim. This limitation affects all aspects of your car accident claim, including property damage. It is important to work with an experienced car accident attorney to make the best decisions for your case. You may be unaware of certain factors that affect your case or may be entitled to more compensation than you believe. Reach out to the Law Office of Beverly R. Caruthers today for a free consultation regarding your car accident case and for help navigating the claim process.
What Is The Statute of Limitations For Wrongful Death Claims?
If you have lost someone in your family to a fatal car accident, you may choose to file a wrongful death lawsuit in their name. These claims will have the same two-year limitation, however, the two years does not begin from the day of the accident. Instead, the two year countdown will begin on the date of the person’s passing. If you have lost a loved one in a car accident, our team can help represent you in your wrongful death claim. We understand no amount of financial compensation can bring your loved one back, however, the money you are awarded can help to cover the costs associated with their untimely death.
When Should I Report An Accident in Texas?
A driver involved in a car accident is required to report the accident to the local police department or sheriff’s office so they can file an official police report if the accident led to an injury or the death of any person involved.
You have 30 days to report the accident to your insurance company. If you fail to report your accident in this time frame, even if you have suffered bodily injuries and property damage, your insurer may deny a claim you make against your policy.
We recommend you reach out to our office at the scene of the accident before you contact your insurance company to ensure the best outcome in your case.
Bringing a Claim Against a Local Government in Texas
Claims against a local or municipal government in Texas should be filed with the local or municipal government directly, instead of with the state. Most municipal governments provide instructions and/or forms for filing a claim. For instance, the City of Houston offers instructions and contact information on its Legal Department website. The City of Austin also gives instructions and a mailing address.
Currently, the Tort Claims Act states that a local or municipal government, as well as the state government, may be held liable for damages if it is negligent in performing certain “government functions,” or functions that the municipality has the power to carry out under Texas law. These include things like police and fire protection, sanitation services, street and bridge construction, and a host of other tasks.
However, Texas municipalities are not liable for damages that arise out of “proprietary functions,” or non-mandatory functions that the municipality may perform. These include things like parks operated by the municipality or supervision of “abnormally dangerous or ultrahazardous” activities. In these situations, the government is typically liable exactly as if it were a private person. It cannot use the Texas Tort Claims Act to shield itself from liability.
Damages that can be recovered from “a unit of local government” are limited to $100,000 per person and $300,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. For claims against a “municipality,” damages limits are $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for damaged property.
Time Limits for Filing Claims Against the Government In Texas
Section 101.101 of the Texas Tort Claims Act states that notice of a claim must be filed with the appropriate government unit within six months of the date of the accident. The notice must include a description of the injury or damage, the time and place the incident occurred, and a description of what happened.
Some local and municipal governments set shorter time limits for filing notice of a claim. For instance, the City of Houston has a 90-day time limit. In the City of Austin, the time limit is 45 days.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
We make it easy for those who have been injured due to the actions of others to navigate the legal system in order to get the results they need to continue on in their lives. Schedule your no-obligation car accident consultation with Attorney Caruthers today. Our team will work with you every step of the way to ensure your needs are being met and that you are getting the treatment you deserve in your car accident case. Don’t hesitate, the sooner you call the more we can do to get you results.
Personal Injury Law Office in Houston, Texas
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!