What is the statute of limitations for a car accident in Texas? In Texas, the statute of limitations for a car accident is generally two years from the date of the accident.
Missing that deadline could cost you your chance to recover damages. A Corpus Christi car accident lawyer can help you understand your rights.
Texas Generally Gives You Two Years to File a Car Accident Lawsuit
In most cases, the statute of limitations for a car accident lawsuit in Texas is two years from the date of the crash. This deadline usually begins on the date of the accident. The two-year limit commonly applies to:
- Personal injury lawsuits
- Property damage claims
- Wrongful death cases
- Survival actions related to fatal accidents
If you were to file after the statute of limitations expires, the court will likely dismiss the case. Once that happens, recovering compensation through a lawsuit becomes much more difficult. Working with a Corpus Christi personal injury lawyer can help prevent this.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Insurance Claims and Lawsuits Follow Different Timelines
Many people assume that filing an insurance claim automatically protects their legal rights. In reality, insurance deadlines and lawsuit deadlines are completely different. This means someone can still lose the right to file a lawsuit even if they are actively communicating with the insurance company.
Even while settlement negotiations continue, the statute of limitations keeps running. An insurance adjuster may continue discussing a settlement for months without extending the legal filing deadline, which could cause you to miss the statute of limitations to file a car accident lawsuit in Texas.
Loopholes like these are often used on victims, as they often don’t fully understand the nuances of the legal system as a lawyer does. This is why having a dedicated advocate on your team, fighting on your behalf, is essential to taking on an insurance company.
The Filing Deadline Usually Starts on the Date of the Accident
Texas courts generally hold that the statute of limitations begins on the date of the crash (Texas Civil Practice and Remedies Code § 16.003). This can create problems down the road when injuries are not immediately obvious, such as broken bones and lacerations.
Some accident victims feel fine initially but later notice ongoing injuries. Common injuries that may appear later include:
- Concussions and brain injuries
- Whiplash and soft tissue damage
- Herniated discs
- Internal injuries
- Nerve-related pain
It is important that you be evaluated by a medical professional as soon as possible after an accident and receive follow-up care per their direction, and to seek care if new symptoms arise. This documentation helps to tie your injuries to the crash and provide evidence for your case.
Representing the injured in all areas of Texas that extends back over 40 years
Wrongful Death Car Accident Cases May Follow Different Timing Rules
In the event that a fatality results from the accident, it may involve different legal processes and requirements than standard injury cases. In Texas, surviving family members may have the right to bring a wrongful death claim after losing a loved one in a crash, following the same two-year statute of limitations.
However, one difference in these cases is that in many situations, the filing deadline begins on the date of death rather than the date of the accident. This difference matters as often victims can survive for some time before passing due to their injuries.
These cases can become more complex because multiple claims may exist at once, including wrongful death and survival actions. If you have lost a loved one due to a car accident, a Corpus Christi wrongful death lawyer may be able to help.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Texas Courts Strictly Enforce the Statute of Limitations
Texas courts strictly adhere to the statute of limitations for filing a car accident lawsuit. Missing the deadline by even a short amount of time can create major legal problems. Once the statute of limitations expires:
- Courts may dismiss lawsuits automatically
- Insurance companies could gain leverage during negotiations
- Evidence may become harder to preserve
- Victims can potentially lose the right to recover compensation
Since courts rarely allow late filings, understanding the timeline early is extremely important. Missing deadlines can be costly.
Certain Circumstances Can Affect the Filing Deadline
Although the two-year deadline applies in most cases, some situations may affect how the statute of limitations is calculated. Depending on the circumstances, timelines for the statute of limitations for filing a car accident lawsuit in Texas may be extended or shortened.
If a court finds evidence of intentional wrongdoing, it may extend the statute of limitations. This can include fraud and the concealment of evidence. Additionally, if the victim was a minor at the time of the accident, the time can be extended until they are 18.
If the accident involves a government entity, timelines may be shortened, often down to one year. These cases may also require extra documentation, filing, and legal processes. This is where having an experienced attorney is essential.
Waiting Too Long Can Make a Car Accident Case Harder to Prove
The statute of limitations is not the only reason acting quickly matters after a crash. Delays can also make it harder to collect and preserve evidence. Acting early can help to collect evidence such as:
- Accident scene photographs
- Witness statements
- Traffic or surveillance footage
- Vehicle damage evidence
- Medical records and documentation
Over time, important records and evidence may disappear. Witness memories fade, surveillance footage gets deleted, and damaged vehicles may no longer be available for inspection. Building a strong case is often easier when evidence is gathered soon after the accident.
Understanding the Statute of Limitations for Car Accident Lawsuits in Texas Helps Protect Your Rights
Understanding how the Texas statute of limitations works helps you make informed decisions after a crash. Having an understanding of the deadline and working with a qualified attorney can help you decide on what you believe is a fair settlement or if you would prefer to go to trial.
Many people hear two years and feel as though it’s a long time; investigations, medical treatment, and settlement discussions can take months to complete. Acting earlier often provides more flexibility and helps avoid avoidable complications.
Working with an attorney from the start can help you avoid missed deadlines, strengthen your case, preserve evidence, protect your legal rights, and prevent avoidable mistakes during the claims process. After a car accident, you deserve compensation and should not lose out due to missed deadlines.
Carrigan & Anderson, PLLC, Is Here to Represent You
After an injury, you deserve time to recover and focus on healing. At Carrigan & Anderson, PLLC, we will take on the insurance company so you can focus on yourself. Contact us today for your free consultation and to get started.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
