When you’ve been injured in a car accident in North Texas, navigating the legal process can be overwhelming. The Law Office of David M. Kennedy specializes in personal injury cases, helping accident victims understand their rights and maximize compensation. Knowing the critical deadlines, legal requirements, and how a lawyer can assist you can make a significant difference in the outcome of your case.

Understanding the Statute of Limitations in Texas

Texas law imposes strict deadlines for filing a personal injury claim. According to Texas Civil Practice & Remedies Code§16.003, accident victims generally have two years from the date of the accident to file a lawsuit. Missing this deadline can bar you from recovering compensation, no matter how strong your case is. And this time limit is not extended regardless of an insurance adjuster promising you that they are here to help and look to resolve the claim.

Certain exceptions may apply. For example, if the injured party is a minor, the statute of limitations may be extended. However, claims against government entities require even shorter deadlines—sometimes as little as six months—necessitating quick legal action. Regardless, the wise thing to do is to retain a lawyer to help.

Proving Fault: Texas’ Modified Comparative Negligence Rule

Texas follows a modified comparative negligence system (Texas Civil Practice & Remedies Code §33.001). This means that an injured party can recover damages only if they are less than 51% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if you were awarded $100,000 in damages but found to be 20% responsible, you would only receive $80,000.

Establishing fault requires strong evidence, such as:

• Police reports
• Eyewitness testimony
• Traffic camera footage
• Accident reconstruction analysis
• Vehicle damage analysis
• Black box analysis

An experienced personal injury lawyer like David M. Kennedy can help gather and present this evidence effectively.

Insurance & Compensation: What You’re Entitled To

Texas is an at-fault insurance state, meaning that the driver responsible for the accident must cover damages. Compensation may include:

• Medical expenses (both current and future)
• Lost wages and reduced earning capacity for future loss
• Pain and suffering
• Property damage

However, dealing with insurance companies can be challenging. According to the Insurance Research Council, claimants represented by an attorney receive settlements that are 3.5 times higher on average than those who handle claims alone. Insurers often attempt to minimize payouts, and having legal representation ensures your rights are protected.

Why You Need a Personal Injury Lawyer

A skilled attorney like David M. Kennedy provides critical support throughout the claims process, including:

1. Case Evaluation: Determining the strength of your claim and identifying potential sources of compensation.
2. Negotiating with Insurers: Protecting you from lowball offers and bad-faith tactics.
3. Litigation Support: If a fair settlement isn’t reached, taking your case to court.
4. Proving Damages: Working with medical and financial experts to accurately calculate your losses.
5. Healthcare: Arranging for evaluation and treatment of your injuries if you are in need.

Take Action Today

If you or a loved one has been injured in a car accident in North Texas, don’t wait to seek legal help. The Law Office of David M. Kennedy is dedicated to fighting for the compensation you deserve. Contact Us Today for a free consultation and let us help you navigate your personal injury claim. Filing a personal injury claim in Texas is not recommended without legal representation by a qualified attorney.