August 26, 2025

How Long After A Car Accident Can You Get An Attorney?

Time moves strangely after a crash. The first week blurs into calls with adjusters, doctor visits, and missed work. Pain flares at night. A tow yard bill pops up. And someone asks the big question: how long after a car accident can you get an attorney? In Texas, the legal deadline matters, but so does the timing of key steps that protect your claim. Here is clear, local guidance for San Antonio drivers and families who want answers without legal jargon.

The short answer for Texas

Texas law sets a two-year statute of limitations for most car accident injury claims. This deadline usually runs from the date of the crash. If a lawsuit is not filed by then, a court can bar the claim. That is the legal floor, not the best practice. Real cases move on a faster clock, because evidence fades and insurance defense teams move quickly. Waiting months can hurt recovery even if you still fall inside the two-year window.

So yes, a person can get a car accident injury attorney days, weeks, or months after a wreck in San Antonio. But the earlier an attorney is involved, the more ground can be saved, and the fewer traps appear. Early action supports fair value later.

Why earlier matters in San Antonio

San Antonio’s roads tell the story. I-35 backups, Loop 410 merges, sudden rain on Loop 1604, and distracted driving on Bandera Road all feed crash scenes that change by the hour. Cameras overwrite, debris gets swept, skid marks fade in the heat, and witnesses forget details after a Spurs game or Fiesta weekend. An attorney who moves fast can lock down the facts while they are strong.

Early contact also helps align medical care with the claim. Many clients try to tough it out and skip the ER or urgent care. Two weeks later, a neck strain feels worse, and the adjuster calls it a gap in treatment. A gap gives the insurer a reason to pay less. Quick legal guidance pushes for timely evaluation, consistent follow-up, and clean records that connect the injury to the crash.

The legal deadline, explained simply

Texas Civil Practice and Remedies Code generally gives two years from the accident date to file a personal injury lawsuit. There are exceptions that speed up or extend the time:

  • Claims against a city, county, or state agency carry much shorter notice deadlines, sometimes measured in months. A crash with a VIA bus or a city truck can trigger special rules, so legal help should happen right away.
  • Minors have longer in some cases, because the two-year clock may start when the child turns 18 for their own injury claim. That said, medical bills paid by a parent may follow the standard deadline for the parent’s claim.
  • Wrongful death claims also follow a two-year limit but are their own action, with different parties involved.

These rules sound simple, yet they combine with insurance policies, lien rights, and medical billing rules in ways that surprise families. A car accident injury attorney keeps the case on the right track and files on time, without last-minute rush.

Insurance tries to move fast, and not for your benefit

It is common for a San Antonio adjuster to call within 24 to 48 hours. The tone is friendly. The questions seem routine. Then the recorded statement starts. One careless phrase about speed, a guess about pain, or a vague answer about prior aches becomes a point to reduce value. A quick settlement check follows with a release that closes the door on future care.

Getting an attorney early acts like a guardrail. The attorney fields calls, stops recorded statements that harm the claim, and directs communications through a clear channel. This is not about picking a fight. It is about stopping early moves that shrink the claim before treatment and damages are known.

Medical care drives case value

In San Antonio, emergency care often happens at Methodist Hospital, University Hospital, or a local urgent care. Some clients worry about costs and skip care, fearing large bills. But the medical record is the spine of a claim. It explains injury type, pain level, functional limits, and the plan for recovery. Without it, value drops.

An attorney helps line up appropriate care. That can include specialists for whiplash, imaging for back pain, therapy for shoulder mobility, or a referral when a concussion causes headaches and brain fog. The focus stays on healing. Documentation follows naturally when care is consistent and timely.

What “late” representation looks like

People hire attorneys at many points: day one, after a stubborn adjuster call, post-MRI, or right before surgery. It is still possible to build a strong claim even if months have passed. The approach changes to fill gaps:

  • An attorney orders full records and bills from every provider, not just the ER summary.
  • A timeline is built that links life events and symptoms to the crash.
  • Imaging and specialist opinions get tied to the mechanism of injury, such as a rear-end at McCullough Avenue lights leading to cervical disc herniation.
  • Prior injuries are separated from new injuries with careful notes on why the crash made things worse.

Late involvement can work, but it usually takes more effort to overcome silence in the first weeks.

San Antonio specifics that can help or hurt your case

Local proof matters. A case gains power when it speaks the language of the city:

  • Traffic cameras and private cameras near busy intersections like Blanco and Loop 410 can provide video, but many systems overwrite in days.
  • SAPD crash reports evolve. The initial report might miss details that a crash reconstruction uncovers, like angle of impact or time-distance analysis.
  • Construction zones on I-10 or I-35 change weekly. Signage, lane shifts, and barrel placement can affect liability. Photos taken right after the crash have more weight than photos taken later.

A car accident injury attorney who works in San Antonio knows which records to request and how to move fast to preserve these local assets.

Comparing early vs late attorney involvement

Early involvement helps by preserving proof and protecting the record. Late involvement can still add value by resolving disputes, assembling medical proof, and negotiating fair payment. The difference shows up in leverage. An insurer treats a clean, well-documented file with more respect than a file with missing pieces. That changes the tone of settlement talks and, if needed, trial strategy.

What if you already spoke to the insurer?

Do not panic. Many clients already gave a statement or accepted a property damage valuation before calling. An attorney can still take over. The key is to stop further recorded statements, avoid casual texts or emails that create new issues, and focus on consistent medical care. If the insurer used your statement to claim low impact or shared fault, the attorney can counter with photos, repair estimates, and medical opinions that show injury can occur even with moderate bumper damage.

Understanding fault and Texas proportionate responsibility

Texas follows proportionate responsibility. If a driver is more than 50 percent at fault, recovery gets blocked. If fault is 50 percent or less, recovery gets reduced by that percentage. This causes insurers to push hard to assign some blame to the injured driver, even when the crash looks clear. They may question speed on I-37, phone use on Babcock Road, or distance at a red light on Fredericksburg Road.

An attorney protects the narrative. Vehicle data module downloads, witness statements, and pathology of vehicle damage all play a role. The goal is to keep fault where it belongs and avoid unfair reductions.

Pain that shows up late

Some injuries take time to appear. Whiplash can feel minor at first, then worsen after inflammation builds. Concussions can hide under adrenaline. A shoulder labrum tear might only show once range-of-motion exercises begin. It is normal to feel worse on day two or three. That delay does not ruin a claim if care starts as soon as symptoms appear and records link those symptoms to the crash.

In practice, a client might drive home after a fender-bender on Culebra Road, feel stiff the next morning, and end up in urgent care. That is still a valid arc. The record should reflect the timeline and the reason for the delay, such as childcare or shock.

Property damage and injury do not always match

Adjusters sometimes argue that a low property damage estimate means a minor injury. Experienced attorneys push back with science and lived facts. Human bodies absorb force differently than steel. A bumper can hold up while the neck does not. Juries in Bexar County understand this point when presented clearly, especially with medical imaging and testimony that connect symptoms to the crash.

What a car accident injury attorney actually does, day by day

People picture courtrooms, but most of the work happens quietly:

  • Gathers the crash report, 911 audio, photos, and video from nearby businesses.
  • Coordinates medical care and tracks bills, liens, and health insurance claims.
  • Communicates with the insurer to stop pressure tactics and keep the record clean.
  • Analyzes policy limits, including UM/UIM coverage, PIP, MedPay, and liability layers.
  • Prepares a settlement demand with a tight story, proof of fault, and full damages.

That steady work lays groundwork. If the insurer delays or lowballs, litigation follows with a plan already in place.

How long to wait before hiring a lawyer in San Antonio

The practical advice: call a car accident injury attorney as soon as possible, ideally within the first week. That single action changes the path of the claim. If the crash already happened weeks or months ago, call anyway. A late start is still better than going alone.

What to bring to an initial consultation

Most firms offer a free consultation. The first meeting is calm and focused, not adversarial. It helps to have these items ready:

  • The crash report or the report number from SAPD or Bexar County.
  • Photos of the scene, vehicles, and visible injuries.
  • Health insurance card and any letters or EOBs related to the crash.
  • Names of all clinics and hospitals visited, plus dates.
  • Any email or letters from insurance adjusters.

If you do not have everything, that is fine. An attorney can fill in the blanks once representation begins.

Dealing with pain and daily life in the meantime

Healing takes attention. San Antonio families juggle work on Fort Sam Houston, shifts at Methodist, classes at UTSA, or school drop-offs near Alamo Heights. Life cannot stop. A simple routine helps: follow care plans, keep therapy appointments, note days missed from work, and save receipts for medications, braces, or rideshares. This quiet record of daily impact often makes the case stronger than any single MRI.

What if immigration status is a concern?

In personal injury cases, immigration status is not a bar to bringing a claim. Many clients worry about this point and wait too long. A private conversation with an attorney can clear the air, set expectations, and keep the focus on injury, fault, and restoration.

How social media can hurt the case

A single post can undo weeks of progress. A smiling selfie at the River auto accident lawyer San Antonio Walk does not show the hour of pain that followed. A short video dancing at a family event, even with careful moves, looks bad to a defense team. The cleanest route is simple: avoid posting about the crash, injuries, or activities while the claim is active. Privacy settings help, but screenshots move fast.

What if the other driver has no insurance?

Uninsured and underinsured drivers are common. Many San Antonio policies carry UM or UIM coverage that protects the insured driver and household members. Personal Injury Protection, often $2,500 to $10,000, can pay medical bills and lost income without proving fault. An attorney reviews the policy, confirms coverage, and sets claims in the right order to avoid offset problems. Getting involved early prevents missed notice requirements that can ruin UM/UIM recovery.

Surgery or long-term care changes the timeline

If a treating doctor recommends injections or surgery, the case value and timeline change. It can be wise to wait for the procedure and post-op recovery before resolving the claim. That delay gives a clearer picture of long-term needs, such as hardware in the spine, future therapy, or revision surgery risk. The statute still looms, so litigation filings may proceed while treatment continues to protect the deadline.

Wrongful death cases deserve immediate attention

After a fatal crash, families face grief and sudden tasks: funeral planning, estate questions, and calls from multiple insurers. A wrongful death claim is different from an injury claim, and it brings sensitive issues with it. Quick legal action preserves vehicle data, ECM downloads, and black box information that can disappear if the car gets scrapped. A respectful, early meeting helps families hand off the legal burden while they focus on each other.

Cost and fees, stated plainly

Most car accident injury attorneys use a contingency fee. The firm pays case costs up front and gets paid at the end as a percentage of the recovery. If there is no recovery, there is usually no fee for attorney time. Every firm handles costs and percentages its own way. A clear fee agreement at the start avoids confusion. Clients should ask about lien negotiations, medical balance handling, and how PIP or health insurance reimbursements work in the final numbers.

San Antonio neighborhoods and where cases often arise

Patterns show up over time. Rear-ends on Wurzbach near the Medical Center. Left turns on San Pedro Avenue near North Star. Pileups on I-35 by downtown during rush hour. Side-swipes on Loop 410 near the Airport. Each area has its own rhythm and risk. An attorney familiar with these corridors has a head start on proving timing, flow, and visibility that affect fault.

How fast cases settle

Average timelines vary. Simple soft-tissue cases with clear liability might resolve in three to six months after treatment ends. Cases with disputed fault, missed care, or surgery can take a year or more. Litigation adds months, sometimes longer. The goal is steady progress, not a race to close. A fast settlement can look good today and feel disappointing when symptoms linger.

Red flags that signal it is time to call now

Even if someone prefers to handle things alone, certain signs call for legal help right away:

  • The adjuster wants a recorded statement or a broad medical authorization.
  • Pain worsens after the first week, or new symptoms appear.
  • The other driver blames you at the scene or later online.
  • Your car shows more damage than the initial estimate.
  • Bills arrive that insurance should address, and no one explains the delay.

These are fixable with early guidance. Letting them sit can cause long-term damage to your claim.

What to expect during the first 30 days with an attorney

The first month sets the tone. The firm sends letters of representation to stop direct calls, orders the crash report, and requests medical records. Photos and videos get organized. The team checks coverage across all policies, including UM/UIM and PIP. A plan for care forms with your input, because life and work do not pause. Regular updates keep you in the loop without adding stress to your recovery.

Practical example

A San Antonio teacher gets rear-ended on Broadway near Alamo Heights. She feels stiff, skips the ER, and goes to class the next day. The following morning, her neck and left shoulder lock up. She visits urgent care, gets muscle relaxers, and rests. A week later, the insurer calls for a statement. She hires a car accident injury attorney instead. The attorney gathers store camera footage and a witness name from a nearby barista, then directs her to a specialist. Imaging shows a partial rotator cuff tear. Without early help, the witness would vanish, the video would overwrite, and the insurer would point to the one-day delay in treatment. With help, the claim reflects the real injury and its source.

So, how long do you have?

Legally, most Texas drivers have two years to file a lawsuit after a car accident. Practically, the window for strong proof is much shorter. Call a car accident injury attorney in San Antonio as soon as you can, even if the crash was weeks ago. Early or late, focused guidance can protect evidence, align care, and keep the claim on course. A steady plan replaces guesswork, and fair results grow from clear records and honest stories.

If a crash on I-10 changed your week, your work, or your body, reach out for a consultation. Questions get real answers. Pressure eases. And the next step becomes simple.

This article provides general information and is not a substitute for legal advice; consult with experienced lawyers for personalized guidance Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.

Carabin Shaw, PC provides personal injury representation in San Antonio, TX. For more than three decades, our attorneys have represented clients in auto accidents, trucking accidents, motorcycle crashes, workplace injuries, and wrongful death cases. With hundreds of years of combined experience, our legal team focuses on standing up for victims and holding insurance companies and negligent parties accountable. Our offices are located in San Antonio and across Texas, offering clients accessible legal support when they need it most.

Carabin Shaw, PC

875 E Ashby Pl #1100
San Antonio, TX 78212, USA

Phone: (210) 222-2288

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