How Long Do I Have to File a Car Accident Lawsuit in Texas?
Navigating the aftermath of a car accident can be overwhelming, especially when you're dealing with medical bills, vehicle repairs, and insurance claims. One crucial aspect that victims often overlook is the time frame within which they must file a lawsuit. In Texas, this time frame is governed by the statute of limitations. This blog post will outline the key details you need to know about filing a car accident lawsuit in Texas, including the applicable deadlines, exceptions, and practical advice.
Understanding the Statute of Limitations in Texas
In Texas, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. This two-year window applies to both personal injury and property damage claims resulting from the accident.
Exceptions to the Statute of Limitations
While the two-year statute of limitations is the general rule, there are exceptions that can either extend or shorten this time frame. Understanding these exceptions is crucial for ensuring your rights are protected.
Minors and Incapacitated Individuals
If the injured party is a minor (under 18 years of age) or is deemed legally incapacitated at the time of the accident, the statute of limitations may be extended.
Minors: The two-year period typically begins once the minor turns 18.
Incapacitated Individuals: The statute of limitations begins once the individual is considered legally competent again.
Discovery Rule
In some cases, injuries or damages resulting from the car accident may not be immediately apparent. The discovery rule may allow you to file a lawsuit within a reasonable period after discovering the injury or damage, rather than from the date of the accident.
Government Entities
If your claim is against a governmental entity, such as a city or state agency, you may face different deadlines and procedural requirements. In Texas, you generally have a shorter period—often six months—to file a claim against a government entity.
Practical Advice for Filing Your Lawsuit
According to the Mont Belviue car accident attorneys at Linebaugh Dority & Allen LLP, you should take the following steps to ensure you file your car accident claim properly:
Act Promptly
Even though you technically have two years to file a lawsuit, it’s advisable to act promptly. Delays can result in lost evidence, fading memories, and limited options for witness testimonies.
Gather Evidence
Begin collecting evidence immediately after the accident. This includes medical records, police reports, witness statements, and photographic evidence. Early evidence collection can strengthen your claim and facilitate a more effective legal process.
Keep Detailed Records
Maintain detailed records of all communications with insurance companies, medical providers, and repair shops. Documentation is critical for building a compelling case and ensuring that all aspects of your claim are accurately represented.
Monitor for Hidden Injuries
Some injuries, such as whiplash, soft tissue damage, or traumatic brain injuries, may not manifest immediately. Regular medical check-ups following the accident can help identify and document these injuries, providing essential evidence if they become significant later on.
Understanding the statute of limitations and its exceptions is critical for protecting your rights following a car accident in Texas. While the general rule provides a two-year window to file a lawsuit, various exceptions and specific circumstances can influence this timeframe. Acting promptly, consulting with a knowledgeable attorney, and gathering comprehensive evidence can help you navigate the legal complexities and ensure you receive the compensation you deserve. By staying informed and proactive, you can better manage the challenges that arise in the aftermath of a car accident.
