The Law Offices of Flint & Crawford
Statute of Limitations for Drunk Driving Accident in Texas
Accidents that are a result of someone who has been driving under the influence (DUI) are held to the same Statute of Limitations as other personal injury cases. Under Texas law, a person has two years from the date of their accident to file a claim for compensation. The only exception to this rule is if a wrongful death results from injuries caused by the accident. If this occurs, a person has two years from the date of death to seek compensation for their losses.
There are rare occasions that a person being charged with a DUI has their charges pending. When this occurs, the Court system has up to 18 months to charge the person with a misdemeanor or up to three years to charge them with a felony DUI. If this occurs, which is very rare, the accident victim has additional time to seek compensation.
What Are The Statutes Of Limitations?
The Statute of Limitations laws are a set of laws designed to protect all members of a lawsuit or criminal action. These laws are not designed to protect just criminals as many people believe from television programing, but are actually designed to ensure fairness in all types of legal actions.
Over time, information surrounding a case can degrade or be lost altogether. Witnesses move or die. Pictures are lost, memories change, and actual facts are forgotten. When any of these things happen it takes away from the legitimacy of the court case and neither party can receive a fair trial.
Accuracy is especially important in a personal injury case. The loss of one single important detail could mean the difference in receiving full and fair compensation or receiving nothing at all. This is why the Statute of Limitations is so important to our legal system.
The Importance Of Recording Information Surrounding Your Case
When you have been injured in an accident, one of the most beneficial things you can do personally is keep a written record of information surrounding your accident and injuries. Consider it an accident journal if you would like, but a written history of your accident and things that happened afterwards will be useful in your case.
You should begin as soon as possible after your accident. When your injuries have been stabilized, you should begin documenting everything that you remember about the accident. Anything that you remember prior to the accident, including the weather, the time of day, the street signs that you saw before the event or even what you saw in the other vehicle is important. All of this information is relevant to your case.
The next thing that you will want to do is keep a journal of your injury and recovery. Document everything surrounding your injury. You will want to use this journal as a way to show how the injury has affected your life physically, financially, emotionally, and relationship wise. You want to document your pain and your triumphs during recovery.
Your personal injury journal should be as accurate and honest as possible. Do not just include the bad things, include good things as well to show you are making progress if it applies. The journal must be a true account of what has happened to you since the accident.
Use the journal to document your appointments and the results of these appointments. Document anything that you have submitted to doctors or attorneys. Document trips to the store for supplies. Make it a clear and detailed.
Why is this so important? It is important because memories fade over time. Facts are forgotten and assumptions are often made by the insurance company covering the accident. Having a detailed journal of your injury and recovery gives everyone involved in the compensation claim a clear picture of how the accident affected your life.
Why Drunk Driving Accidents Are A Little Different Than Other Vehicular Accidents?
There are a few things that set a drunk driving related accident apart from other vehicular accidents. The first thing that is usually different is that these types of accidents are often more serious than similar car wrecks. People driving under the influence often drive faster and more reckless than those who are not.
The most significant difference that your lawyer in Texarkana TX will explain is the potential to seek punitive damages as part of the compensation package. These types of damages are generally reserved for accidents that occur under special circumstances.
Punitive damages are a way for the court system to punish someone who acted willingly negligent in a way that was in violation of the law and social norms. It is a very specific type of monetary punishment that the court does not award too often because it is meant to be used to make a point. Many times the court will award punitive damages in a drunk driving accident because the person who caused the accident acted willingly negligent.
Don’t Allow The Statute Of Limitations To Delay Your Application For Compensation
As a victim of a personal injury, you have the right to seek compensation for your injury and losses for up to two years after your accident. However, this is probably not in your best interest. Even in such a short period of two years evidence can get lost and memories can change.
If you have been injured in any type of accident, you are encouraged to contact a lawyer in Terxana TX as soon as your medical condition is stabilized. An attorney can help you protect your rights as a victim of a personal injury and begin the case for compensation immediately. Your personal injury attorney can also help you deal with the insurance company covering the event through the entire process.
Being involved in an accident is life-changing. You do not have to suffer all of these hardships on your own. Seek out quality legal representation so that they can deal with all of the legal matters and paperwork so you can concentrate on your physical and emotional recovery.
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