What Is the Statute of Limitations for a Texas Car Accident Case?

 Posted on July 19,2024 in Car accidents

Motor vehicle accidents occur every day around Texas, and acting quickly after a car accident is essential if you wish to file a claim. Waiting too long to file a claim against the driver responsible for your accident can result in your case being dismissed, leaving you without compensation for the damages the accident caused. A knowledgeable Texas car accident attorney can help you with filing your claim within the time limit set by Texas law.

What Is a Statute of Limitations?

A statute of limitations is a legal concept that refers to the time frame an individual has to file a claim after an accident, wrongful death, or injury. State legislation sets the limit on statutes of limitations for a variety of legal claims, such as personal injury and product liability claims, and the time frames of a statute of limitations are considered to be a reasonable period in which a case should be pursued in court.

Statutes of limitations aim to ensure due diligence is being done on behalf of the plaintiff, the person who is pursuing the claim against the defendant. These time periods also ensure that evidence is relevant and that years-old cases are not being seen in court.

For example, you cannot pursue a personal injury claim 15 years after it happened. Not only will a defendant not be expecting a claim 15 years after an injury, but it is likely that evidence has been lost or destroyed and witnesses do not remember the details of the accident that led to the plaintiff’s injury.

How Long Do I Have to Sue After a Car Accident?

In Texas, the statute of limitations for personal injury claims is two years after the date of the accident. Wrongful death claims also have a statute of limitations of two years.

This means that if you want to sue after a car accident, you must do so within two years, or you risk your claim being automatically denied. The sooner you can secure legal representation and pursue your case, the higher your chances of success with your claim.

Of course, exceptions may apply to this general statute of limitations, such as when the defendant is a minor. You may be able to wait until he or she turns 18 years old to file your claim. 

Other exceptions include if a plaintiff has a physical or mental impairment that stops them from filing within the two year limit, or if the defendant has left the state or is incarcerated. A claim may be brought against a defendant once he or she returns to the state or is released from prison.

Contact a San Antonio, TX Car Accident Lawyer

The consequences of a car accident can be severe, and you may be stuck with medical bills, long recovery times, and property damage after an accident. It is important to work with an experienced Austin, TX car accident attorney to explore your legal options after an accident and to hold the negligent driver responsible.

At Alford & Associates, we advocate for your rights during the claims process, and we do not collect a fee unless we win your case. Call 210-951-9467 for a free consultation.