When is it too late to get a lawyer for a car accident?

After a car accident, you might worry that too much time has passed to hire a lawyer. In most cases, you have up to two years to file a claim, but the sooner you act, the stronger your case will be. We help Houston residents secure the compensation they deserve.  The legal issues that arise from a car accident claim are complicated, and the lawyers at Armstrong Lee & Baker LLP can ensure that residents of Houston receive all compensation to which they are entitled.

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Statute of limitations

Texas has a two-year statute of limitations for car accident claims, according to the Texas Civil Practice & Remedies Code § 16.003, Texas Legislature. Failing to meet this deadline can prevent you from obtaining compensation, regardless of how strong your case may be.

While two years feels like a long time, you can lose track of it — as you’re busy recovering from injuries, catching up on repairs, and processing everyday life. Once this window closes, the law generally prevents you from filing a claim, even if new evidence comes to light later that would have strengthened your case.

Some rare exceptions may extend that window. For example, if the injured party is a minor, the statute of limitations may not start until the injured party reaches age 18. Similarly, if a person is incapacitated and unable to act, the deadline could be extended. These exceptions, however, are not the norm and are heavily qualified.

We understand how overwhelming a car accident can be. Medical bills, lost wages, and legal deadlines add stress. The sooner you take action to preserve evidence and build your case, the better your chances of securing strong proof, locating reliable witnesses, and documenting the full extent of your damages.

Settling with the insurance company

Once you settle with the insurance company, your case is usually done. Insurance companies often pressure accident victims to settle for a low figure as soon as possible. Why? Early settlements are cost-effective to them and deter you from taking the next legal step.

These offers might not fully account for long-term medical expenses, lost wages, or emotional distress. It’s crucial to consult with an experienced car accident attorney before signing any agreements. A lawyer can help evaluate whether the settlement offer truly covers the extent of your damages.

Preserving evidence

A strong case is built on solid evidence. A skilled attorney can help collect accident photos, medical records, and witness statements to support your claim.

According to DMV guidance, evidence degrades over time. Road conditions change, witnesses’ memories fade, and physical injuries heal, making it increasingly difficult to prove the amount of your losses. If you wait to contact a lawyer, it’s not too late. Experienced lawyers know how to reconstruct cases when the paper trail is suspect.

Consequences of Delaying Legal Action

Waiting too long to take action can have serious consequences, including:

Surrendering your right to sue: You cannot file a claim after the statute of limitations runs out. In Texas, that window is generally two years, and exceptions are rare and tricky to negotiate without a lawyer.

Weakened evidence quality: The strongest evidence is available right after the accident. Evidence disappears,, wounds heal, and people’s recollections of events become less precise with each additional clock tick. Key documentation, such as medical records or police reports, could be more challenging to obtain if too much time has elapsed.

Financial burden: Without compensation from a winning claim, you’ll have to bear the financial costs associated with medical treatment, car repairs, and lost wages with your own money. This can quickly become an overwhelming thought, especially since the accident may have prevented you from working.

You are in a weaker bargaining position: Insurance companies and opposing parties know that delay enhances their power. The longer you wait, the less leverage you have to negotiate a fair settlement, as the threat of litigation diminishes.

Taking legal action quickly gets the message across that you mean business when it comes to seeking justice and helps ensure that your lawyer has the best possible foundation from which to build your case.

Steps to take after a car accident

Here are key actions to safeguard yourself and bolster your case:

1. Seek medical help immediately: Some injuries appear later. A medical record also strengthens your case. Even if you do not initially feel hurt, adrenaline can sometimes obscure injuries that may not be clear until later. It’s essential to have a medical professional document any injuries, no matter how minor they seem. This documentation not only helps your recovery it also creates a clear record of the physical impact caused by the accident.

1. Document the accident: Use your smartphone to take detailed pictures and videos of the scene. Capture vehicle damage from multiple angles, road conditions, weather, traffic signs, and any visible injuries. Include close-ups and wide shots for context. These visuals serve as powerful evidence to recreate the scene if needed later.
2. Limit conversations: Be cautious about what you say to others involved in the accident. Avoid discussing fault or specifics beyond exchanging necessary information like insurance details. Casual remarks can sometimes be misconstrued or used against you later, so it’s best to remain neutral and factual.
3. Record details immediately: While the incident is fresh in your mind, write down a thorough account of what happened. Include the time, location, weather, traffic conditions, and events leading to the accident. Note any pain or discomfort you’re experiencing and monitor it over time. Keeping a detailed log ensures nothing critical is forgotten as time passes.

Following these steps can significantly improve your chances of a favorable outcome. According to the DMV guide, prompt action is critical in ensuring accurate documentation and protecting your claim.

How to choose the right attorney

The right attorney can significantly impact your case. Here’s what to look for when making your choice:

• Understanding your case: If you’ve been injured in an accident, a personal injury attorney with experience handling these claims will know how to protect your rights and pursue the compensation you deserve..
• Local expertise: A Houston lawyer will know local courts, regulations, and even accident-prone areas.
• Clear communication: Seek someone who can explain complicated legal principles in layman’s terms and keep you updated throughout the process.
• Proven track record: You can check reviews and ask about their track record of settlements or verdicts in similar cases.

An attorney you can trust will help you with the legal process and fight for your best interest.

Need help? Contact Armstrong Lee & Baker LLP

Time is critical. Delays can weaken your case and limit your options. Call Armstrong Lee & Baker LLP today at 832-402-6637 for a free consultation and take the first step toward securing the compensation you deserve. Our team is here to help you understand your rights and fight for the compensation you deserve. 

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

Get in touch with C.J. Baker now.