Car Accident Statute Of Limitations in Texas

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Written by Auto Accident Team

Last Updated: September 24, 2024

In the unfortunate event of a car accident, many people are unaware of the time limitations they have to file a claim. This is known as the statute of limitations, and it varies from state to state. If you live in Texas or were involved in a car accident in the state, it’s crucial to understand the statute of limitations for filing a claim. Failure to file a claim within this timeframe may result in losing your right to seek compensation for damages.

If you were injured in a Texas car accident and are considering legal action, The Auto Accident Team’s network of skilled car accident attorneys is ready to assist you. They can provide the advice needed for you to navigate the personal injury statute of limitations, which will help maximize your potential compensation.

What Is the Statute of Limitations for Car Accidents in Texas?

The statute of limitations is a crucial law that outlines the maximum time period you have to start legal proceedings from the moment of an incident. Specifically, Texas law gives you a two-year window from the date of the car accident to initiate a personal injury claim. This same two-year timeframe applies if you’re looking to file a claim for property damage resulting from the accident. 

Understanding these deadlines is essential for anyone looking to pursue legal action after a car accident in Texas. It ensures you take the necessary steps within a legally acceptable period, safeguarding your right to seek compensation for any injuries or damages incurred.

What Happens If You Miss the Statute of Limitations in Texas?

If you don’t file your lawsuit within the two-year statute of limitations for car accidents in Texas, the consequences can be significant. Primarily, the Texas courts will likely refuse to hear your case. This refusal means you lose the legal avenue to seek compensation for any injuries or damages related to the accident. 

Essentially, the door to recovering costs for medical bills, lost wages, or property damage closes once the statute of limitations expires. Without the ability to present your case in court, the opportunity to obtain financial recovery from the other party involved in the accident is lost. It’s crucial to pay close attention to this deadline to preserve your rights and potential for compensation following a car accident.

Steps to Ensure You File Your Lawsuit On Time

To make sure you don’t miss the crucial deadline for filing a car accident lawsuit in Texas, it is important to take proactive steps. First and foremost, keep a detailed record of the accident, including dates, involved parties, and any medical treatments received. This documentation will not only help build your case but also keep the timeline clear. 

Secondly, consult with a car accident attorney as soon as possible. An experienced lawyer can provide invaluable guidance on the legal process and ensure all necessary paperwork is filed promptly. They’ll also keep track of the statute of limitations for you, acting as a safeguard against missing the deadline. 

Even though you have two years, it’s wise not to wait until the last minute. Beginning sooner allows more time for gathering evidence, negotiating with insurance companies, and, if necessary, filing a lawsuit.

Are There Exceptions to Texas’s Statute of Limitations?

There are specific situations where exceptions apply to the statute of limitations for car accidents in Texas. These exceptions can pause or extend the standard two-year filing period, giving the injured party more time to take legal action. For example, if the person injured in the car accident is under 18 years old or cannot make legal decisions due to mental incapacity, the clock on the two-year period won’t start ticking until they turn 18 or regain mental competence. 

Additionally, if the responsible party for the accident leaves Texas, the time they are out of state does not count towards the two-year limit. This pause ensures the statute of limitations doesn’t run out unfairly while the at-fault party is not present in Texas.

Learn More About the Statute of Limitations in Texas With The Auto Accident Team

Navigating the aftermath of a car accident can be challenging, especially with strict legal deadlines to consider. The statute of limitations in Texas requires timely action to preserve your right to seek compensation. If you’ve been injured in a car accident, The Auto Accident Team is here to help. Our network of experienced Texas car accident attorneys will guide you through the process, ensuring you meet all legal deadlines and maximize your potential compensation.

Don’t risk losing your right to compensation by missing critical deadlines. Contact The Auto Accident Team today for a free consultation. Our law firms are dedicated to advocating for your best interests and handling all aspects of your case. Call us now at (877) 236-2391 or fill out our contact form.

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