If you’ve waited a while after your accident to get a lawyer, you may be wondering whether you’re too late.
Maybe your injuries are worsening, or your medical bills are piling up, and while you weren’t sure before, you’ve realized you might need the help of an attorney after all.
But, how late is too late to get legal help for a car accident?
Don’t worry.
We’ll help you figure out whether you still have time to hire a car accident lawyer and file a claim.
If you’re still unsure after reading this, you can book a free consultation call with the lawyers at No Bull Law, and we’ll help you find the answers you need.
If you’ve waited a while after your accident to get a lawyer, you may be wondering whether you’re too late.
Maybe your injuries are worsening, or your medical bills are piling up, and while you weren’t sure before, you’ve realized you might need the help of an attorney after all.
But, how late is too late to get legal help for a car accident?
Don’t worry.
We’ll help you figure out whether you still have time to hire a car accident lawyer and file a claim.
If you’re still unsure after reading this, you can book a free consultation call with the lawyers at No Bull Law, and we’ll help you find the answers you need.
Generally speaking, you are too late to get a lawyer if the Texas statute of limitations expired, you have already accepted a settlement offer, or you’ve lost all your key evidence.
That said, it still might be worth consulting with a lawyer to see if there are any unique circumstances to consider in your case.
But before we get to that, let’s first see if any of these situations apply to you.
1. The Statute of Limitation Has Expired
In almost all cases, it would be too late to hire a car accident attorney after the Texas statute of limitations (SOL) expires.
The SOL is the time frame within which a legal claim or personal injury lawsuit must be filed. In Texas, the statute of limitations starts on the day of the accident and expires after 2 years, as per Texas Civil Practice and Remedies Code § 16.003.
In other words, you’d have to file a claim within 2 years after the day of your driving accident.
For example, if the accident happened on October 21, 2024, you should file a claim or lawsuit with a lawyer before October 20, 2026. If you submit your lawsuit or settlement claim after this period, the court will dismiss it.
That being said, there are exceptions:
- If the person at fault leaves the state for some time, the SOL clock will be paused until they return.
- If a motor vehicle accident resulted in someone passing away, the SOL for a wrongful death claim is also two years in Texas. However, it begins from the date of death, which may differ from the accident date.
2. You Have Accepted a Settlement From the Other Driver’s Insurance Company
Once you accept a settlement offer, you sign a waiver that prevents you from pursuing further claims related to that accident. This means you may be unable to reopen the case with a lawyer or seek additional compensation later.
But in this case, you may still have options.
A personal injury lawyer can review the settlement document to determine whether any grounds exist for reopening your case, such as ambiguous terms and omissions.
3. You Have Lost All Key Evidence
In Texas, you can recover damages if you prove that you were 49% less at fault than the other driver(s). This means you need plenty of evidence to pursue a settlement.
However, if you have lost physical copies of medical records, witness statement recordings, photos of the car crash and injuries, and camera footage, you may not have enough to prove who’s at fault.
As there would be no solid evidence available to back up your claims, no law firm would believe it beneficial to try and help you take legal action.
That said, even if you think critical evidence is missing, it’s still worth booking a free consultation with No Bull Law. We might be able to help you track down the police report, old medical documents, and other essential documentation.
We’ve mentioned some steps to consider when you have already accepted a settlement or lost key evidence. But what steps could you take if the Texas statute of limitations has expired?
As a car accident victim, you may still have a few options available to protect your rights and pursue compensation:
1. Explore Exceptions to the Statute of Limitations
The filing period may be extended due to certain circumstances.
Suppose the car accident injury left you mentally incapacitated (unable to understand the situation and make rational decisions.) You may get extra time to file the personal injury claim once you recover.
Similarly, if the other party involved in the accident committed fraud, you might have grounds to seek an extension.
The legal professionals at No Bull Law can examine your car accident case and help you find a loophole if there is one.
2. Gather Documentation
Can’t find any exceptions to the SOL?
You should still keep detailed records of the accident. This includes the police report, medical documents, and any communication with the car insurance companies.
This documentation could be useful if you find an alternative route for seeking compensation.
3. Look at Alternative Resolutions
Finally, you could hold informal negotiations or mediation with the at-fault driver’s party.
Remember that these are not legally binding, and in most cases, the other party will refuse as they’re not obligated to negotiate.
If you’re still within the statute of limitations, you must get legal representation as soon as possible. (In fact, we recommend you book a free consultation right away.)
Hiring a personal injury lawyer maximizes your chances of winning by a huge margin and increases your payout. Here are a few more reasons:
1. The More You Delay, the Less Compensation You Receive
Developing a strong legal strategy takes weeks or even months of hard work. It involves gathering evidence, speaking to experts, calculating damages, and other time-intensive tasks.
If you delay getting a personal injury attorney, you minimize the time they have to build a compelling case. As a result, you reduce your chances of obtaining fair compensation.
In the meantime, the at-fault driver and their insurance company could also have hired a lawyer and prepared their case to reduce the amount they need to pay.
2. Your Evidence Could Become Less Reliable
A personal injury case without top-notch evidence is like a truck without wheels.
It’s not likely to go very far.
The quality and availability of evidence are essential to building a compelling case against the at-fault driver. However, if you wait months to pursue the case, vital pieces of physical evidence can get lost.
Evidence at the accident scene, such as debris, skid marks, or road conditions, may no longer be present, making it difficult to reconstruct what happened. Your accident report, medical bill, and doctors’ reports might also be misplaced or harder to obtain.
Additionally, your witnesses’ memories become less reliable, reducing the credibility of their testimonies.
3. Your Claim May Not Be Taken Seriously
If you’re the injured car accident victim, the insurance company will scrutinize every detail of your claim, looking for any opportunity to cast doubt on your character, credibility, and statements.
Filing a claim long after the accident gives them further ammunition.
Your car accident injury might have healed at that point, creating an impression that they weren’t as serious as you claim. What’s more, the insurance company or court might be skeptical about why you acted late. They might think your case isn’t urgent or you’re trying to make a last-minute cash grab.
All of this can potentially reduce your chances of receiving fair compensation.
4. Lawyers Don’t Cost Anything Upfront
Many people delay calling a lawyer because they lack the funds to hire one immediately.
Fortunately, consulting Houston car accident lawyers from No Bull Law costs nothing!
You can present your case to No Bull Law in a free consultation call by sharing the details of the motor vehicle accident and evidence. You’ll get our opinion about the probability of winning the case.
After the call, you can choose if you want to continue with us.
Additionally, hiring us doesn’t cost you anything until you win, as we work on a contingency basis. When you win, we’re limited to collecting only 33% to 40% of the final settlement as per Texas law.
5. Stress and Uncertainty Can Pile Up
We understand how overwhelming it can be to handle a car accident claim, especially when you need some time off to recover from injuries.
The longer you delay calling a lawyer, the more complicated your situation might become.
The at-fault driver’s insurance company might pressure you to settle quickly, reports might become difficult to access, or witnesses could be difficult to track down.
Hiring a personal injury lawyer as soon as possible can significantly reduce your stress, as they will navigate these complexities for you. This way, you can focus on improving your life without worrying about legal procedures and paperwork.
From filing a personal injury claim to negotiating, here’s what lawyers do to maximize your chances of winning:
- Gathering evidence, including interviewing witnesses, consulting experts, acquiring the accident report, and compiling an insurance claim to hold the at-fault driver liable.
- Calculating all recoverable damages that you can claim, including medical costs, lost wages, auto repairs, and compensation for pain and suffering.
- Coordinating with insurance companies and expediting the claim process to prevent delays and protect your interests.
- Using legal expertise to build a strong case, countering lowball offers, and negotiating with insurers to secure a fair settlement.
- Filing a car accident lawsuit, preparing you for trial, and representing you in court if a fair settlement hasn’t been reached.
Our personal injury law experts provide you with legal help every step of the way.
At No Bull Law, we take your personal injury case by the horns and fight tirelessly to secure the compensation you rightfully deserve.
Headquartered in Houston, Texas, our law firm specializes in personal injury law, and our lawyers have a ton of experience in getting settlements from car crash accidents.
Remember, we only recoup our fees when you get the final settlement. So you don’t pay, ‘less we win.
Working with us is super easy. Once you consult and start your claim, our dedicated team will begin investigating your case.
Take charge and consult our Houston car accident lawyers today!
Have more doubts about car accidents and Texas law?
Let’s rope in some answers.
Here are a couple of important things you should know about claims related to car accidents:
1. How Do I Know If My Car Accident Case Needs a Lawyer?
You need a car accident attorney when:
- You believe you may have been injured and are unable to work or live a normal life.
- The at-fault party thinks you’re partially responsible.
- The insurance company denies your claims.
- You were in a drunk driving accident, distracted driving case, or hit and run accident.
2. What Should Be Done If the Car Insurance Company Closes the Claim?
While waiting for the claim to be resolved, you might receive a notice that the claim is closed. This means the insurance company has finished its investigation and is not offering a settlement amount.
However, it doesn’t necessarily mean it’s too late to pursue compensation. You can still provide additional information or ask the insurance adjusters to re-evaluate.
Be aware that this situation can be very intimidating for someone without any prior legal experience. So, it’s a good reason to hire an expert personal injury attorney to handle the case.
Have more questions?
Contact No Bull Law for a free consultation.
