How Long Do I Have to File a School Bus Incident Claim?

school bus exterior

The fact is that school bus incidents occur far more often than you may realize in the state of Texas. So if your child is ever, unfortunately, involved in one, you must fight back with a personal injury claim. Read on to discover how long you have to file a school bus incident claim and how a proficient Houston, Texas bus accident lawyer at White Personal Injury can help you meet the mark.

How does a school bus incident occur?

There are many different reasons why a school bus incident may transpire, but it is almost always due to the negligence of a party. This is whether it be a school bus driver or other motor vehicle driver who is driving recklessly, a school bus company that does not inspect their vehicles, a school district that does not hire trained and experienced drivers, or otherwise.

Regardless of who is to blame, it is unacceptable that your child has been made a victim of this incident. This is why, sometimes, taking legal action is necessary.

When do I have to file my school bus incident claim?

In the state of Texas, there is a deadline for filing personal injury claims much like your school bus incident claim. Known as the statute of limitations, this deadline is two years from the date of your accident. This date may be extended for unique circumstances. But generally speaking, you may be permanently barred from suing if you just wait a day over two years to bring forward your claim. Ultimately, you will miss your opportunity to recover your child’s damages and attain justice against the negligent party.

Do I also have to file a Notice of Claim?

When it comes to school bus incidents, the Texas Tort Claims Act may require you to notify a government agency of your intent to sue. This extra step is known as a Notice of Claim.

A common misconception is that the entire state of Texas has a general deadline of six months to file a Notice of Claim. Rather, cities are allowed to establish their own deadlines. In major cities like Houston, this deadline is 90 days.

Importantly, this does not replace the statute of limitations requirement, in that you will still have two years to file your personal injury claim. But if you do not file your Notice of Claim within 90 days, you will similarly lose out on your chance to sue.

All in all, the takeaway is that you have a limited amount of time to pursue legal action. Rather than going through this legal process alone, you must acquire the support of a competent Houston, Texas auto accident lawyer. We look forward to helping you.

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