Key Takeaways
- Generally speaking, there are 2 (two) years from the date of your automobile collision to file a lawsuit for your injuries. However, there are exceptions.
- There could be an extended amount of time to begin the statute of limitations based upon a variety of factors such as when an injury is discovered; whether one of the parties is a minor at the time of the accident; or where the defendant resides. Texas Statutes have provisions for absence from the State; however, inability to find a defendant, or where a defendant leaves Texas, will not automatically extend the statute of limitations.
- Therefore, it is extremely important to consult with an attorney practicing in the field of personal injury law prior to relying on these rules. It is also very important to act quickly after your accident. This allows you to preserve potential physical and medical evidence. Additionally, acting early can help gather evidence and gives additional time to evaluate what possible avenues you can pursue. A skilled attorney who is experienced in personal injury litigation can help you meet and comply with all applicable statutes of limitations.
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(214) 855-1420What is a Statute of Limitations?
Statutes of Limitations are Legal Rules that Establish Time Limits during Which Lawsuits Must Be Filed. Statutes of Limitations typically relate to an Incident or Injury. The Length of the Statute of Limitations can vary from Jurisdiction to Jurisdiction and also depends upon the Nature of the Harm Suffered by the Plaintiff; Therefore, it Determines How Many Years (Time) a Plaintiff Has to File Suit.
Understanding the statute of limitations is important because it affects the timeliness of legal actions and may significantly impact resolution. In addition, while admissibility in court is governed by the Texas Rules of Evidence, quick action helps preserve physical evidence and keep witness memories clear enough for trial.
Also, be aware that most auto insurers require prompt notification of an automobile accident – this is distinct from the legal filing deadlines.
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How to Dispute a Car Accident Fault: A Step-by-Step Guide!
Texas Car Accident Statute of Limitations
Generally speaking, there is a two (2) year statute of limitations to file lawsuits for personal injuries that resulted from motor vehicle accidents as well as for damages to property. The two (2) year statute of limitations for a personal injury claim due to an accident that occurred on one of Texas’ highways begins upon the date of the accident; if a valid exception does not apply, at expiration of this two (2) year time limit, generally the plaintiff will have lost their rights to receive compensation for the injuries sustained.
The timeframe to bring actions based on different types of lawsuits is different. Other types of lawsuits may have different time frames as well. Therefore, it is important for individuals involved in Texas motor vehicle accidents to be aware of these time limits. Claims brought against an individual or entity as a result of an accident can include claims for damages arising from personal injuries, property loss, or wrongful deaths; however, there are specific time limits in which such claims must be filed. Many times, insurance contracts will also contain their own notice requirements and contractual cut-off dates.
When Does the Clock Start on Car Accident Claims?
Generally, the Statute of Limitations on filing a claim for a Car Accident in Texas starts over after the Car Accident occurs. So unless there is a problem finding out about the issue, you can generally file your lawsuit within two (2) years of the date of the Car Wreck. However, there are some exceptions to this general rule. In general, Texas personal injury cases have a statute of limitations that begins at the time of legal injury. There are, however, very limited exceptions to this rule when a court finds there was an inherent inability to discover the nature of the injury prior to its being verified by objective evidence. The mere passage of time due to delayed onset of symptoms does not automatically create an exception to the statute of limitations period.
In addition to these examples, there are also other very limited exceptions that may delay when the Statute of Limitations starts to run in Texas. It is important to be aware of what date the time period begins, as well as whether you will miss a deadline to file your claim. Consult with an experienced attorney about the time limits and any possible delays that apply to your case.
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Exceptions to the Two-Year Rule
While most people agree that two (2) years is the statute of limitation period on car accidents in Texas, there may be some situations when it can extend past the initial timeframe. For instance, if the person who has the right to file a claim is a child (minor), then their statute of limitations will begin once they reach the age of eighteen (18). If a claimant is mentally ill at the time the claim arises under Texas law, then the claimant’s mental illness may be considered an exception to the statute of limitation for that period of disability. Disability which occurs during the running of the statute of limitation generally does not stop its operation.
Understanding the specifics about the filing deadline requirements in order to protect your entitlement to receiving reimbursement through a successful claim is illustrated by each of these exceptions.
Filing Deadlines for Different Types of Claims
In addition to these generalities, there are three different types of claims that may result from an automobile collision, including personal injury claims, property damage claims, and wrongful death claims, which have their own individual statute of limitations.
The most important element in successfully recovering monetary damages or submitting a legitimate claim based on your injuries as a result of being involved in an automobile collision is knowing when the filing deadline expires.
Personal Injury Claims
In Texas, for all personal injury claims that result from an automobile collision, a Plaintiff has two (2) years in which they may file their claim against Defendant(s), with such time limitations being subject to any relevant exception. While said two-year statute of limitations does apply regardless of when or if the injured party becomes aware of their cause of action, the statute of limitations will be tolled by the very narrow “discovery” rule where the injury is inherently undiscoverable as well as objectively verifiable.
For minor children, the statute of limitations will NOT begin until they are eighteen (18) years old, and then that child has an additional two (2) years after they turn eighteen to bring a claim against the defendant, unless there is a special exception based on the type of claim being made. In the event that the defendant cannot be found (for example, if the defendant lives out of state or you cannot locate them), this does not automatically give you more time to file your claim. This means that even though the defendant may be difficult to find or contact, they are not necessarily unreachable; therefore, the court may still have jurisdiction over them and allow you to sue them in Texas.
As such, it is very important to know the deadlines associated with filing a claim as a result of a personal injury sustained in a motor vehicle accident, since failure to timely meet these deadlines will likely bar your ability to pursue your claim by way of lawsuit.
Property Damage Claims
Plaintiffs in Texas generally have two (2) years after the date of an automobile accident to file suit for property damage claims arising from that accident. The two (2)-year statute of limitations creates both a time limit and a time frame.
Failing to meet these deadlines can provide the defendant with a valid defense to dismiss your case.
Wrongful Death Claims
In Texas, wrongful death lawsuits arising from fatal car wrecks usually are subject to a two-year statute of limitations that begins when the individual dies. Therefore, in wrongful death lawsuits arising from fatal car accidents, the “clock” starts running at the point of the individual’s death, as opposed to the point at which they suffered personal injuries.
The family members (parents, spouse, and children) of someone killed in an automobile accident have a specific period of time within which they may seek compensation for their loss; such time limits are found in Chapter 71.
Government-Related Car Accident Claims
In regard to automobile collision lawsuits filed against government agencies within Texas, claims for damages against such governmental entities are subject to a specific set of laws established through Texas Civil Practice & Remedies Code Chapter 101.
For all claims against a governmental entity that are covered by the Texas Tort Claims Act, there will be a general entitlement of at least six (6) months for governmental entities to receive notice of an incident upon which a claim is based. Depending on the municipality in question, different or shorter time periods may exist as to when such municipal governments must provide notice. The statutory formal-notice requirements of the Texas Tort Claims Act may not apply if the governmental entity has legal sufficiency of actual notice.
Some municipal charters have a shorter time frame to submit formal notice. The governmental unit does not need formal notice when it has enough “actual notice” to support a legal claim. Generally, mere awareness that an accident has occurred is considered as being “insufficient,” and for actual notice to exist, the governmental unit would need to know about the injury or damage it caused, who was allegedly at fault, and the parties involved. Please note that simply being aware that an accident occurred does not always satisfy the requirements for establishing knowledge of the accident on behalf of the governmental agency; therefore, I suggest you consult with your attorney regarding the potential need to provide notice.
The claim should reasonably describe:
- Description of the type and degree of injury/damage (if any)
- When and where the alleged injuries/damage(s) were incurred
- A reasonable description thereof
If you fail to give the governmental agency written notice by the required time frame your claim will be jeopardized. However, there is a potential exception to this time limitation. If the governmental agency has actual knowledge of the accident at issue, then there may not be a need for timely filing. It is therefore very important to have an attorney assess your claim to determine whether or not this exception applies to your case.
Moreover, as to the amount of money a plaintiff may recover in damages, liability for such damages also varies depending upon the type of governmental unit involved. Generally, however, most types of government are subject to limitations imposed by the Texas Tort Claims Act. For example:
- Municipalities generally have an upper limit of liability for personal injuries/deaths at $250,000/person and $500,000 per incident
- Certain other local governmental units are limited to $100,000 per person and $300,000 per incident for bodily injury
Governmental agency claims need to be filed with the court that has jurisdiction in the county (or counties) in which all or part of an accident happened. Understanding these specific regulations will assist you in successfully navigating your automobile crash claim against a governmental agency.
Texas car accident statute of limitations overview
Summary of key deadlines, exceptions, and what happens if you miss them
Consequences of Missing the Statute of Limitations
Failing to file a personal injury lawsuit within the statute of limitations in Texas will result in severe repercussions. A judge could legally dismiss your case and prevent you from receiving compensation when filing after the statute of limitations has expired if the defendant is able to demonstrate that the time limitation has been met (and there is no other exception), through a motion to dismiss.
In this case, the defendant can file a motion to dismiss; if it is proven that the case was filed too late, the judge will rule in favor of the motion. Retaining a lawyer from a law office may help avoid missing important deadlines. Lawyers represent their clients and can take necessary action to help clients comply with applicable deadlines and requirements, including meeting timely legal deadlines.
Importance of Prompt Legal Action
Taking action to enforce your rights through legal means as soon as possible after a vehicle collision has several benefits.
- Statute of Limitations – By acting promptly, you will have enough time to pursue your claim prior to the evidence becoming old and/or no longer reliable.
- Immediate treatment by a physician may help alleviate what could be a minor injury from becoming more severe.
- Evidence related to the incident will likely still exist, or at least, there will be some existing evidence available to support your claim.
An attorney who handles cases involving injuries to people will assist you in determining how best to approach your case’s insurance aspect(s) and meeting any relevant deadlines relative to your claim. While it is true that there are a number of different aspects of a claim which affect its outcome, taking early action will provide you with sufficient opportunity to protect any evidence which may exist, as well as enable you to timely submit any necessary filings.
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How an Experienced Personal Injury Lawyer Can Help
Hiring an experienced personal injury attorney can be extremely beneficial to assist in car accident claims for injured parties. The attorney regularly works with injured people who have been hurt as a result of another person’s negligence in a motor vehicle accident.
A qualified and experienced personal injury attorney will assist you in navigating the complex and confusing nature of dealing with insurance companies when filing a claim. The attorney will also help guide you to avoid possibly committing costly mistakes that could negatively affect your personal injury claim and will provide critical representation in pursuing compensation for damages sustained by an individual.
An experienced lawyer who is experienced in personal injury litigation is able to provide critical representation as you navigate your way through the complexities of a personal injury lawsuit. An experienced personal injury attorney will be helpful to you with regard to managing your claims as it pertains to your auto accident and also to protecting your legal rights that are at risk throughout the duration of a personal injury lawsuit regarding the injuries sustained from your auto accident.
Frequently Asked Questions
What is the statute of limitations for car accident claims in Texas?
The majority of Texas automobile accident tort cases will be subject to a two year statute of limitations from the date of the auto accident. The time in which to file a formal notice of claim with certain governmental agencies (or otherwise assert rights against them) typically will be significantly shorter than the statute of limitation for filing an action, and can occur long before expiration of the general two year statute of limitation. In addition to statutes of limitation, notice periods may also apply prior to the expiration of the general statute of limitation.
Are there exceptions to the statute of limitations that apply to my case?
Yes. The two-year statute of limitations has some limited exceptions regarding minors, mentally disabled persons, etc. The fact that a defendant is difficult to find or outside of Texas at the time does not alone cause an extension of the statute of limitations. The applicability of Texas’ statutory absence provisions is dependent upon multiple factors such as, but not limited to, whether there exists personal jurisdiction over the defendant, and/or whether the defendant is amenable to service.
If I miss filing my car accident claim prior to the Statute of Limitations expires, what will happen?
If you miss the Statute of Limitations deadline for filing your car accident claim, in most cases, the Defendant may petition the Court to have your case dismissed, absent application of some other valid exception.
Can I extend the time to file my claim by pursuing a claim against a Government Agency?
When making a claim against a governmental agency or entity (e.g., a city or county), the Statute of Limitations generally has additional requirements, which include a six-month notice requirement under statutes such as the Texas Tort Claims Act. Therefore, it is vital to be aware of these particular deadlines when considering bringing your claim.
Why is it so important to hire an attorney who specializes in personal injury law for your car accident claim?
Hiring a competent Personal Injury Attorney is very important. A skilled personal injury attorney may be aware of the many complex issues that arise out of auto accidents; he/she is able to gather vital evidence and work diligently on your behalf to help you obtain fair compensation for injuries suffered.
Attorney responsible for this post: Jay Murray. Primary practice location: 2512 State Street, Dallas, Texas 75201.
Call (214) 855-1420
