It’s easy to feel overwhelmed after a car accident when you’re dealing with serious injuries and mounting financial expenses. However, one of the most important things to remember is that you only have a limited amount of time to take legal action. Missing the filing deadline could cost you your right to recover compensation entirely, so it’s something that shouldn’t be ignored.
If you’ve been injured in a crash, understanding how the Texas statute of limitations works is critical. Here’s what you need to know so that you can protect your ability to file a claim.
The Statute of Limitations for Texas Car Accident Claims
Under Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline applies to cases involving car, truck, motorcycle, and other motor vehicle accidents.
The two-year time limit is strict; once it expires, courts will almost always refuse to hear your case. That means the at-fault driver and their insurance company are no longer legally obligated to compensate you for your injuries, no matter how strong your claim may be.
If your case only involves property damage (for example, damage to your car but no personal injury), the same two-year deadline still applies.
Exceptions That Could Shorten or Extend the Deadline
Although the two-year rule covers most situations, there are a few exceptions that could change the timeline for filing your claim:
- Claims against a government entity: If your accident involved a city, county, or state vehicle, you must usually give written notice of your claim within six months of the crash.
- Minors: If the victim was under 18 at the time of the accident, the clock usually doesn’t start until their 18th birthday.
- Delayed discovery: In rare cases, if injuries or their causes weren’t immediately known, the filing deadline may start when they are discovered.
There are other limited exceptions as well, making it important to contact a personal injury lawyer for help as soon as you can.
Should I Take Legal Action Sooner?
Although two years may sound like plenty of time, waiting to file can hurt your chances of success. Evidence like skid marks and surveillance footage can fade or disappear quickly. Further, the insurance companies might also try and argue that your injuries weren’t as serious if you delay seeking treatment or filing a claim.
Hiring a car accident lawyer early on in the process ensures that crucial evidence is preserved and that all of the applicable deadlines are met. Importantly, note that you must either file a lawsuit or have your insurance settlement completely finalized in order to “beat” the statute of limitations deadline. This makes it all the more important to get started as soon as you can.
Contact Cal Mundell Injury Law To Speak With Our Trusted Car Accident Lawyer About Your Case
If you’ve been injured in a car accident in Texas, don’t wait until it’s too late to protect your rights. A qualified El Paso personal injury lawyer can help you file your claim on time and fight for the full amount of compensation you need and deserve.
Contact Cal Mundell Injury Law today for a free consultation. We can review the facts of your case and provide you with some initial legal advice at that time.