After a car accident, you may have to manage many different details. Scheduling medical appointments and car repairs can immediately fill your schedule. Navigating insurance deadlines can add even more complexity to your recovery. With so much going on, you may not realize that time is running out on your ability to hold a negligent driver responsible. What should you know about the time limit for car accident lawsuits in Texas?
How long after a car accident in Texas can you file a claim?
In Texas, you must generally file a lawsuit within two years of the accident date to seek compensation for injuries and damages caused by the accident. If you do not file a lawsuit within this period – known as the statute of limitations – you may not be able to receive compensation for your injuries and damages.
There are a few exceptions to the general two-year statute of limitations in Texas:
- You did not discover the damage right away: If you experienced hidden injuries or other harm that took time to become evident, the two-year period does not begin until you discover (or should have discovered) that harm.
- The injured person is under the age of 18:If a person is under the age of 18 at the time of the accident, they can generally file a lawsuit on their own behalf for two years after they reach age 18.
- The injured person is mentally incapacitated:If an individual is mentally incapacitated at the time of the accident, the two-year period does not begin until the incapacity ends.
- The person at fault fled the state:If the person at fault for your injuries leaves the state of Texas after the accident and before you can file the lawsuit, the time of their absence may not be counted against the two-year limit.
What can you do if you are uncertain about how much time you have to file a claim?
Because the amount of time you have to file a lawsuit after a crash can vary depending on your situation, you may want to speak to an attorney with experience in personal injury lawsuits. They can examine the specifics of your case and help you file a claim within the statute of limitations.
The aftermath of a car accident can be a stressful and confusing time filled with concern about your health, finances and legal rights. Understanding the statute of limitations is a crucial first step in protecting those rights.