Accidents can have far-reaching consequences, leaving victims to deal with medical bills, lost wages, and emotional trauma. However, even valid personal injury claims can be jeopardized if legal deadlines are not met. In Texas, the statute of limitations sets clear time limits for filing a lawsuit related to a car accident. Missing the statute of limitations deadline can result in a loss of your right to seek compensation.
The Statute of Limitations for Personal Injury Lawsuits in Texas
The statute of limitations is a legal rule that sets the maximum time parties have to initiate a lawsuit after a specific event. The car accident statute of limitations in Texas is governed by Texas Civil Practice & Remedies Code § 16.003.
Claim filing deadlines under this law are as follows:
- Two Years: An injured party has two years from the date of the car accident to file a personal injury lawsuit against the at-fault party.
- Two Years: Wrongful death claims related to fatal car accidents must be filed within two years from the date of the victim’s death.
This deadline applies to both physical injuries and property damage claims resulting from a crash.
Consequences of Missing the Texas Statute of Limitations for Car Accidents
Missing the statute of limitations consequences in Texas can include:
Permanent Loss of Legal Rights
Once the statute of limitations expires, the injured party loses all legal rights to pursue compensation through the court system. It means that no matter how the other party was at fault or how significant the damages are, courts will not hear the case.
Loss of Negotiation Leverage
Most car accident claims are resolved through settlement negotiations with insurance companies. However, the ability to file a lawsuit provides critical leverage during these discussions. Once the statute of limitations expires, insurance companies know that the injured party has no legal recourse through the courts. As a result, insurers may refuse to offer any settlement or may only offer an extremely low amount.
No Access to Compensation
Failure to meet the legal deadline in Texas effectively bars injured parties from recovering compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future treatment or long-term disabilities
- Wrongful death damages
This leaves accident victims fully responsible for their financial losses, even if another party was clearly at fault.
Are There Any Exceptions to the Texas Statute of Limitations?
Exceptions to the statute of limitations in Texas are rare and must meet legal criteria.
Minor Victims
If the injured person was under the age of 18 at the time of the accident, the two-year statute of limitations may not begin until their 18th birthday. This means minors generally have until the age of 20 to file a personal injury lawsuit related to a car accident.
Mental Incapacity
If the injured party was mentally incapacitated at the time of the accident or afterward, the statute of limitations may be “tolled,” or paused, until the disability is lifted or the person regains legal capacity.
Wrongful Death Discovery Rule
In wrongful death cases, the two-year deadline typically starts on the date of death. However, in certain cases where the cause of death is not immediately known, the deadline may begin from the date the cause of death is discovered or reasonably should have been discovered.
Fraud or Concealment
If the at-fault party intentionally conceals their involvement or commits fraud to prevent the injured person from discovering the cause of the accident, Texas courts may extend the filing deadline under limited circumstances.
Why Acting Quickly Is Essential
Even if the statute of limitations has not yet expired, delaying action after a car accident can negatively impact a case. Key evidence may be lost, witnesses may become unavailable, and memories may fade. Insurance companies may use delays to challenge the validity of claims or reduce payouts.
Prompt action allows injured parties to:
- Preserve physical evidence such as vehicle damage or accident scene photos
- Obtain police reports and medical records
- Collect witness statements while memories are fresh
- Comply with court deadlines and procedural rules
How to Check Whether an Injury Claim Is Still Valid
To determine whether a car accident claim is still valid, it is necessary to:
- Confirm the exact date of the accident (or date of death for wrongful death claims).
- Identify the applicable deadline under Texas law.
- Evaluate whether any legal exceptions may apply based on the facts of the case.
- Review all communications and documentation related to the incident, including police reports and insurance claims.
Legal case evaluation can help in accurately assessing time limits, especially in cases involving potential tolling or complex legal issues.
Our Top-Rated Texas Car Accident Attorneys are Ready to Represent You
At Amanda Demanda Injury Lawyers, we understand how confusing and overwhelming car accident claims can be. Our legal team is here to review your case, explain your rights, and take immediate action to preserve your claim. We are committed to fighting for maximum compensation for your injuries and losses. We work on a contingency fee basis, meaning you pay nothing unless we win. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
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