Expert Advice When You Need It Most
How Much Time Do I Have to Hire a Lawyer After a Severe Injury or Wrongful Death in Texas?
Written by: Marc Christopher Lenahan
Reputation Level 12
Posted over 3 years ago. 4 helpful votes, 0 comments
1
Two Years is NOT the Rule for Lots of CasesThough you've heard that you have two years to file a lawsuit, there are plenty of instances when filing a lawsuit within two years is just not enough, and all of your rights can be lost. For example, there are certain kinds of suits that require formal notice to the wrongdoer of your claim very soon after the accident -- this is usually the case with claims against a part of the government. There are also kinds of cases that require the suit to be filed within one year. There are even times when you would think that Texas law would apply, and it doesn't. If that happens, anything you think you know about time limits is thrown out the window. Not too long ago, we helped a man who suffered a severe motorcycle accident in Texas, but we decided that we had to file the suit in Kentucky. Trust me, the laws in Kentucky are very different than in Texas. 2
The Longer You Wait, the Lesser the Lawyer You Will GetIn most instances, the best respected attorneys in Texas have the privilege of choosing which of several important cases they will accept. You can expect that these attorneys will be less likely to choose your case the closer you get to the deadlines they see. For some firms, they draw a line at six months before the deadline, and won't ever accept a case closer than that, no matter what. And, since that deadline may not be the two-year mark, that may mean that you have a very short window to find the best attorney for your case. (The good news is that the very best attorneys in Texas will be grateful to accept you as their client if your case is what they are looking for, no matter how far away you might guess the case is from their office. For example, the right Dallas firm won't hesitate to travel to any where in Texas to evaluate an 18-wheeler accident that left somebody severely injured or killed a loved-one, as long as you reach the firm soon enough.) 3
Every Day That Passes is a Loss of EvidenceThe job your attorney has is to show the jury the truth of your case: that the defendant was wrong, and that you lost something precious to you. In instances of a severe injury or wrongful death, every day that passes means a loss of evidence. If your attorney can meet you in the emergency room, they will see things that you would never be able to recount for them. If your lawyer can sit in the last row of your loved-one's funeral, they will take into their heart the measure of that person in a way that they can never reach any other way. If they can rendezvous with their accident reconstruction team at the site of a major accident before the wind, the insurance company, or the clean-up crews change anything, your lawyer will be able to secure for the jury as much evidence as possible. If your lawyer can write the proper letters immediately, he can stop videos from being erased and log books from being destroyed. 4
Don't Let Somebody Else Make Your Decisions for YouIf somebody else was injured in the same accident, or if somebody also lost a loved-one, they, of course, have the right to hire an attorney, too. If the other lawyer files their suit before you do, they may not choose the same location or kind of court that is best for you and your family. 5
Don't Let Somebody Else Get All of the Money That May Be AvailableIt is very often the case that there simply is not enough money to allocate to everybody that was harmed the way justice would require. A million dollars does not go very far when spread among seven families that lost somebody in a mass murder, bus crash, or factory explosion. And $50,000 of insurance money does not go very far towards paying the medical bills for five people who all need surgery after a car accident, when their bills are $120,000 each. In Texas, an insurance company is protected by law when it decides to give all of its money away to people who make meritorious offers of settlement before you hire an attorney even though that would mean that there isn't a cent left to pay the first medical or funeral bill for you. 6
What If it Has Already Been Two Years?If it has already been 2 years since the injury, you may still have rights and need to speak to an attorney immediately. For example, for anyone who suffered an injury when they were younger than 18, they may still have rights. If the person who hurt you has been out of Texas for a while, you may still have rights. If you have been disabled during some of that time, you may still have rights. Depending on the type of suit, you may have more than two years anyway. And in the cases of wrongful death, sometimes a smaller set of rights outlast others. If it has already been two years, and one attorney tells you it is too late, you need to call many others, too. Most lawyers will tell you it is too late, but until you've heard the exact same thing from several attorneys, do not give up. As you can see from the few mentions above, there can be important exceptions that may apply to your case, so make sure you've received several thoughtful answers before you walk away from justice. Additional ResourcesRelated Questions3 Attorney answers: 
Asked by a user in Houston, TX - over 1 year ago. 2 Attorney answers: 
Asked by a user in San Antonio, TX - over 1 year ago. 2 Attorney answers: 
Asked by a user in Oklahoma - over 2 years ago. Find Franchising LawyersRelated Searches |
