If you were recently involved in a motor vehicle collision in Texas that was caused by another driver’s carelessness, you may be entitled to seek financial compensation. However, you don’t have an unlimited amount of time to file a lawsuit after a car accident. Texas law sets specific time limits, called the statute of limitations, for filing different types of lawsuits after an accident.
Knowing these deadlines is crucial if you want to successfully pursue a claim and receive the maximum compensation. Read on to learn important information on the time limits for filing a car accident lawsuit in Texas.
What is the Time Limit to Sue for a Car Accident in Texas?
The statute of limitations for filing a personal injury lawsuit resulting from a car accident in Texas is two years from the date of the accident. This means you have two years from the date of the crash to file a claim against the at-fault driver. If you miss this deadline, you will likely lose your right to compensation.
Why Do Statutes of Limitation Exist?
Statutes of limitation exist for a few important reasons. First, they encourage plaintiffs to investigate claims and file lawsuits in a timely manner while evidence is still fresh. Over time, witnesses may forget important details or move away, making cases more difficult to prove. Early filing also allows courts to resolve cases more efficiently.
In addition, statutes of limitation provide certainty and finality. They protect defendants from old claims resurfacing well after an accident occurred. Overall, these laws strike a balance between allowing plaintiffs time to build a case and not keeping defendants on the hook indefinitely.
When Does the Clock Start Ticking?
When it comes to car accident claims in Texas, the two-year deadline begins running on the exact date the accident took place. This is true regardless of when you discover your injuries or determine the full extent of damages.
For example, say you were involved in a car accident on January 1, 2020. You would need to file your lawsuit on or before January 1, 2022, even if you continued treatment for ongoing pain or injuries after the crash.
In some cases, the discovery rule may extend the statute of limitations. This applies if you did not discover your injury until a later date, despite exercising reasonable diligence from the time of the accident. However, the discovery rule has limited application and strict requirements.
Suspending or Tolling the Statute of Limitations
Certain circumstances may temporarily pause or “toll” the statute of limitations, giving you more time before the clock starts running again. These include:
- Being underage – The statute of limitations does not start until you turn 18 years old if the injury occurred while you were a minor.
- Mental incapacity – The deadline may toll if you are of unsound mind and unable to manage your affairs or understand your legal rights.
An experienced Houston car accident lawyer can advise you on possibilities for tolling or extending the statute of limitations under your unique circumstances.
Preserving Your Claim and Avoiding Time Limit Problems
To avoid running into problems with the statute of limitations, you should take proactive steps to preserve your car accident injury claim in Texas:
- Seek medical care promptly after the accident and follow all recommended treatment. Fully documenting injuries and expenses from the outset will strengthen your case.
- Speak with eyewitnesses at the scene and collect contact and insurance information from the other drivers involved. Police reports, photos, video footage, and other documentation will also help prove liability.
- Consult with a qualified personal injury attorney as soon as possible. An attorney can immediately start investigating your claim, advise you on the statute of limitations, and handle filings and negotiations so your lawsuit is ready within the legal deadline.
- Maintain detailed records of the accident, injuries, treatment, communications with insurance companies, lost income, and all damages incurred. This provides critical evidence for demanding fair compensation through settlement talks or at trial.
- If you attempt to negotiate directly with insurers, do not sign any releases or accept a settlement offer before speaking with legal counsel. You want to ensure the offer adequately covers the value of your damages before accepting and relinquishing your legal rights.
By promptly gathering evidence, consulting a Houston personal injury lawyer, documenting your claim, and understanding statutes of limitation, you will be in the optimal position to recover maximum damages by filing a lawsuit within the prescribed timeframe.
Seeking Legal Help within the Statutory Timeframe
If you or a loved one suffered harm in a car accident caused by a negligent driver in Texas, it is essential to act quickly to preserve your right to pursue a claim. The experienced car accident attorneys at Karns & Karns Personal Injury and Accident Attorneys are here to help you understand the statute of limitations and take decisive steps to build your strongest case within the prescribed time limits.
We have successfully represented injured car accident victims in Houston and throughout Texas for years. Our team manages every aspect of the claims process for you, thoroughly investigating accidents, fighting with insurance companies for fair settlements, filing timely lawsuits when warranted, and taking tough cases to trial when needed. We are dedicated advocates, helping injured people hold negligent parties accountable and get the maximum compensation they deserve under the law.
Don’t let time limit worries add more stress during your recovery. Contact our office today at 800-4THE-WIN (800-484-3946) for a free, no-obligation consultation on your car accident case. We will provide straight answers on pursuing your claim and what the statute of limitations means for your situation. Let our experienced legal team handle all aspects of the process, so you can focus on healing.
