Texas Statute of Limitations in Car Accident Cases
In Texas, the statute of limitations for personal injury cases, including car accidents, is generally two years from the date of the accident.
This means you have two years to file a claim against the responsible party for your injuries and related damages. If you fail to file your lawsuit within this period, Texas courts are likely to refuse to hear your case, and you may lose your right to seek compensation. It’s very important to start preparing to file a personal claim as early as you can.
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Starting your claim as early as possible is important for many reasons, including the following:
- Preparing a strong case and gathering all necessary evidence can take some time.
- Early action helps keep details about the accident fresh in your memory and that of any witnesses.
- Acting promptly allows you to secure physical evidence from the accident scene, like skid marks or vehicle debris, before it disappears.
Exceptions to the Texas Personal Injury Statute of Limitations
There are several exceptions to the two-year statute of limitations in Texas. These can either extend or shorten the time you have to file a lawsuit.
- Minor Victims: If a minor is injured in a car accident, the statute of limitations does not begin until they turn 18. This means they have until their 20th birthday to initiate a lawsuit.
- Absent Defendant: If the person responsible for the accident leaves the state of Texas after the accident but before a lawsuit can be filed, their absence may not count towards the two-year limit.
- Discovery Rule: In some cases, injuries or damages caused by the accident may not be immediately apparent. Texas law allows the statute of limitations to start from the date the injury was discovered or should have been discovered with reasonable diligence. Keeping an organized record of medical documents can help prove the date you discovered an injury.
- Wrongful Death: If the car accident results in death, the statute of limitations for filing a wrongful death claim is typically two years from the date of the person’s death, which may be different from the date of the accident.
- Government Entities: If your claim is against a government entity in Texas (such as a city or state department), there are different notice requirements and a shorter timeframe to file a claim.