Statute of Limitations for a Car Accident Claim
There is a lot to do in the aftermath of an auto wreck in Texas, including car repairs, physical recovery, and getting back to work. You want to look into filing a claim to win back your lost wages and get your medical bills paid for, but too many other pressing issues related to the accident have arisen.
While it’s understandable to take your time getting back on your feet, there is a certain limit of time in the state of Texas in which you can file suit. This is known as the statute of limitations, our Pasadena car accident attorney explains, and it's very important to know how much time you have.
Understanding the Texas Car Accident Statute of Limitations
The car accident statute of limitations is the window of time you have to file a lawsuit related to your crash. While it varies from state to state, the statute of limitations in Texas is two years. According to our Pasadena car accident lawyer, if you try to file suit after this timeframe, your case will probably be dismissed.
The same deadline applies to a lawsuit over either physical injury or vehicle damage, so it is best not to delay. The one potential exception? If someone in the accident dies. In this case, a wrongful death suit can be filed and possibly be extended one year past the car accident statute of limitations.
Your Options if You Miss Filing Your Claim in Time
If you try to file a lawsuit after the two-year deadline, you, unfortunately, do not have a lot of options. Your case will likely be dismissed, and you will not receive damages unless you fall under a very special exception, such as:
- The victim is a minor. If the car accident victim who is seeking damages is a minor, the two-year period does not begin until they turn 18 years old.
- Moving out of state. If the defendant moves out of state before legal proceedings begin, the lawsuit may be extended. The period of time in which the defendant is gone is credited toward the final timeline.
These two circumstances are among the very few exceptions that could be made. Beyond this, it is important to stay within the Texas car accident statute of limitations to ensure your case is viable.
Our Pasadena Car Accident Lawyer Will Make Sure Your Case is Filed on Time
Even if you feel you have plenty of time, two years can truly fly by, especially when you are dealing with significant pain and suffering. Working with an experienced Pasadena car accident lawyer is one of the best ways to ensure everything is filed properly and on time. It is best to connect with an attorney as soon after the accident as possible for a variety of reasons, but if you missed this crucial step, you still have time.