Winter Freeze Lawsuit Deadline Quickly Approaches
It’s been almost two years since the Winter Freeze hit Texas and caused billions of dollars in property damage state-wide, but now the Winter Freeze lawsuit deadline is about to expire. If you are a victim of the Winter Freeze’s storm damage, here is some crucial information for you:
What Is The Deadline For The Winter Freeze?
Honestly, it translates to a particular date you will not be able to file a lawsuit for your Winter Storm damages. A statute of limitations deadline sets the maximum amount of time that can pass after an event for which a lawsuit can no longer be started. Should your Winter Freeze claim have been denied, delayed, or underpaid, and you miss the statute of limitations, you will not be able to recover for your claim even if your case is a clear win.
Your case ends once the statute of limitations has passed if your lawsuit was not filed in time.
How Is My Homeowners Insurance Claim Affected?
The Texas Civil Practice & Remedies Code establishes the standard statute of limitations period for breach of contract claims, which would include a lawsuit to recover insurance proceeds due under an insurance policy. Section 16.070(a) allows parties to agree to shorten the length of that limitation period, as long as it is at least two years. Unsurprisingly, nearly all insurance policies contain a provision setting a limitation period of two years, the minimum period allowed, to give the policyholder as little time as possible to act. We can review your claim and determine whether there may be a statute of limitations issue that would impact your claim.
Is My Case Safe From The Statutes of Limitations?
The statute of limitations deadline represents the very last day that you may be able to file your lawsuit. Generally, a plaintiff filing a lawsuit before the statute of limitations ends should be able to avoid dismissal on the grounds that the lawsuit was untimely filed. However, to avoid potential issues which would negatively impact your case, it is strongly recommended that you contact an attorney well in advance of what you may think the statute of limitations deadline might be so there is enough time to investigate the claim and file a lawsuit ahead of the deadline.
When Is The Deadline To File?
Because property damage claims have a statute of limitation period of only two years under most policies, most homeowners believe that the date of the event is the start of the countdown to the statute of limitations expiring. This is not entirely correct. Instead, the clock starts running as soon as a contract (the insurance policy) is breached. For instance, when an insurance company issues a letter denying a claim, the clock on the limitations period will start running as of the date of that letter. If a claim is underpaid, the letter from the insurance company informing the homeowner that some payment will be issued will start the clock.
How Do I Determine When My Case Deadline Expires?
Talk with one of our expert insurance claims attorneys before time runs out. An insurance claims attorney can quickly evaluate when your Winter Freeze deadline has come up and aid you in making the right decisions for your claim. Maximize your settlement and contact the law offices of the Chad T. Wilson Law Firm today. Call us at (832) 415-1432 or visit our website if your property insurance claim has been denied, delayed, or underpaid.
