When you’re injured in an accident that wasn’t your fault, your priorities are usually medical care and recovery. But from the moment your injury occurs, a clock starts ticking, and if time runs out, you could lose the right to seek the compensation you’re entitled to.
So what if you’re unsure if you can claim, and you put it off, only to realize that you may have a case after all? What if you’ve shopped around for personal injury attorneys in Texas but haven’t settled on the right one? Are there any benefits to holding off and waiting to pursue a claim?
In this blog, we’ll answer the question: When is it too late to hire a personal injury lawyer?
When the Statute of Limitations Has Expired
The statute of limitations is the most significant factor in determining whether it’s too late to get a lawyer, which defines how long you have to pursue legal action. It varies by state and by case type.
In Texas, the statute of limitations for personal injury is two years. This two-year limit generally runs from the date you were injured.
In some cases, the clock starts not on the accident date but on the date you discovered your injury (or should have reasonably discovered it). The “discovery rule” can apply if your injuries aren’t immediately apparent, such as a slow-developing medical condition caused by toxic exposure.
Why Two Years Isn’t As Long As It Sounds
Two years may seem like plenty of time, but the reality is that negotiating with insurance companies is often slow. Insurers may even intentionally drag out the process, claiming that they’re still investigating or countering offer after offer, especially if the deadline is approaching. That’s because once the statute of limitations has expired, you can’t file a lawsuit, no matter how strong your case or how severe your injuries.
Rare Exceptions to the Rule
It’s too late to get an attorney and recover compensation once the statute of limitations has passed. However, there are some exceptions, such as:
- Wrongful death claims — The two-year countdown typically starts from the date of death, not the date of the accident.
- Injuries to minors — The statute of limitations may be paused until the injured person turns 18.
- Fraud or concealment — If the at-fault party actively hides evidence or misleads you about your injuries.
These situations are complicated, and you shouldn’t rely on them without getting professional advice from an attorney or count on an extension to file your claim.
Once You’ve Accepted a Settlement
Most personal injury cases settle without going to court, and many clients prefer this outcome.
Injuries can be debilitating. Some physical injuries heal but leave accident victims with post-traumatic stress disorder or long-term driving anxiety. Other injured individuals might suffer chronic pain that prevents them from going to work or doing basic activities. Those left with permanent disabling injuries, such as severe traumatic brain or spinal cord injuries, are impacted in every aspect of their life.
When all you want to do is try to move forward, being stuck in an intense legal battle can be exhausting. A settlement allows you to get the compensation you’re entitled to for your lost wages, medical bills, and pain and suffering without going to court, where it can take months or even years to get a trial date, and all with no guarantee that you’ll get a better result.
But it’s important to know that your claim is over once you accept a settlement. Settlements are legally binding and come with a release of liability, meaning you agree not to sue the at-fault party in exchange for the agreed amount. Even if you later discover your injuries are more serious than you thought, you can’t reopen the case.
That’s why it’s critical to consult a personal injury lawyer before signing anything. Once you’ve negotiated a settlement and signed the paperwork, it’s almost certainly too late for a lawyer to help.
After You’ve Gone to Trial and Lost
As we’ve covered above, most personal injury claims settle out of court, but in some cases, you might decide to go to trial. When you hire an attorney, they will advise you on your chances based on the strength of your case, but the decision is ultimately yours. If you’re determined to file a lawsuit, it’s your prerogative.
Sometimes, a lawsuit can be beneficial or the only viable option for pursuing fair compensation. If an insurer denies your claim but you have a strong case, refuses to budge on an unfair settlement offer, or the facts of your case are likely to resonate with a jury, a personal injury lawyer may advise going to trial.
But, if you’ve already gone to trial and a jury has ruled in the defendant’s favor, it’s likely too late to hire an attorney. Judgments can be appealed, but that’s a different process, and a successful outcome is rare.
If Key Evidence is Destroyed or Missing
Personal injury claims are built on evidence. Depending on the type of accident you were in and the severity of your injuries, evidence can come in all forms, such as:
- Photographs of your injuries and the accident scene
- Witness statements
- Police or incident reports
- CCTV or dashcam footage
- Medical reports and bills
- Vehicle black box data or drive logbooks.
Each of these pieces of evidence serves a different purpose, for example:
Photographs
Photographs of your injuries show when they occurred and how bad they are, which can prevent the at-fault party from claiming you sustained them later (rather than in the accident they are liable for).
Witness Statements
While not the most reliable evidence, eyewitness testimonials or statements can corroborate your version of events, especially if the person who caused your accident is telling a different story.
Police Reports
Police reports document an auto accident and can show the contributing factors involved, which can be vital for proving fault.
Medical Reports
Medical reports show the severity of your injuries and their impact on your life, and medical bills demonstrate the financial losses you’ve suffered, which you’re entitled to recover.
Black Box Data
Black box data after a truck accident can show the driver’s behavior during the crash, such as how fast they were going and whether they tried to take evasive action.
The longer you wait to hire an attorney, the harder it becomes to collect this evidence. CCTV footage may be erased or overwritten to free up space. Witnesses may move away or forget important details. Car crash scenes are quickly cleared to minimize disruption on the road. Vehicles get repaired, destroying physical proof of the damage. Black box data in commercial trucks is often overwritten or deleted unless secured quickly, and truck companies may falsify driver log books, especially if they could be liable for their employees’ actions.
Without this evidence, even the most skilled attorney may have trouble proving your case, and your chances of recovering compensation can be massively impacted.
If you’ve missed your chance to collect evidence, whether because you weren’t sure if you were entitled to compensation or because you had to go to hospital immediately after an accident, it doesn’t mean all hope is lost. You should still speak to a personal injury attorney to discuss your case and explore your options. Patino Law Firm offers a free, no-obligation case review so you can see where you stand.
How to Avoid Hiring a Personal Injury Lawyer Too Late
The best way to avoid getting caught out and missing your chance to claim is to speak to an attorney as soon as possible after your accident. Even if you’re well within the statute of limitations, there are significant advantages to hiring a personal injury lawyer early:
- Preserving Evidence — The sooner a lawyer is involved, the sooner they can secure crucial evidence.
- Preventing Mistakes — A lawyer will handle all communication with insurers.
- Maximizing Settlement Value — They’ll calculate your damages, including long-term costs.
- Maintaining Leverage — More time before the deadline means stronger negotiating power.
While you should speak to an attorney sooner rather than later, there is a benefit to holding off on accepting a settlement.
Insurance companies are notorious for lowballing — they’ll make an initial offer, hoping you’ll accept so you can put your accident behind you. Unfortunately, it’s likely much less than an attorney can negotiate for you. It might not even be enough to cover your losses.
At this early stage, you might not fully understand the long-term implications of your injuries. Some injuries worsen, or complications might require additional surgery or rehabilitation. A traumatic brain injury might lead to dysarthria, or slurred speech, requiring months of speech and language therapy and causing months of embarrassment and emotional suffering. You are entitled to recover all damages associated with your accident, but you can only do that if you know what they are.
Hiring an attorney early is still essential: they can protect your rights and handle communications with insurance adjusters who would try to trick you into admitting fault or downplaying your injuries. But they can also help you get the medical evaluations and treatment you need so that you recover compensation not just for the losses you’ve incurred but those you’ll incur in the future, too — all while allowing plenty of time to negotiate a settlement within the statute of limitations, or file a lawsuit if negotiations fail.
So, When Is It Too Late to Get a Personal Injury Lawyer?
In Texas, it’s generally too late once:
- The two-year statute of limitations has expired.
- You’ve accepted a settlement and signed a release.
- You’ve gone to trial and lost.
Building a case may still be possible in other situations, like when evidence is missing, but your chances improve dramatically if you act quickly.
The safest way to avoid missing your chance is simple: Contact a personal injury lawyer as soon as possible after your accident.
If you’ve been injured in an accident in the Rio Grande Valley, Greater San Antonio, or the Permian Basin, find out where you stand by contacting our Texas personal injury lawyer today.
We’ll ask a few questions about your accident, explain your options, and let you know if you still have time to file a claim. Unless the statute of limitations has expired or you’ve already signed a settlement, hiring a lawyer is rarely too late, so you may still have a strong case.
We’re available 24/7, and you won’t pay any fees until we win. Call 855-LAW-NINJA or fill out our confidential contact form for a free, no-obligation consultation.
