Following a Texas car accident, there is a statute of limitations that determines how long the car accident victim has to file a car accident claim. The statute of limitations outlines a timeline for taking legal action. If you or a loved one have been injured in a Texas car accident, knowing the details of the statute of limitations and how it applies to your specific case is critical if you plan to seek compensation. 

Texas Car Accident Deadlines for Filing a Lawsuit

There are several aspects of what the lawsuit is being filed for that will determine the timeline that it must be done within. The statute of limitations depends on whether you are seeking compensation for injuries, a wrongful death, or property damage. 

Texas Car Accident Lawsuit Deadlines

The deadline for filing a car accident injury lawsuit in Texas is the same as the statute of limitations that applies to other personal injury cases. As stated by the Texas Civil Practice & Remedies Code section 16.003, claims for injuries must be filed within two years of the date that the accident occurred. Claims may be filed by the following: 

• Passenger
• Motorcyclist
• Bicyclist
• Electric scooter operator
• Pedestrian

Deadline for Vehicle Damage Claims

When a car accident occurs, the victim’s car might need to be replaced or repaired due to the damages caused by the accident. In Texas, the statute of limitations for filing a claim for vehicle damage is two years as well. 

Timeline for Wrongful Death Car Accident Lawsuits

Car accidents can end in tragedy, leaving family and friends without the people they care most about. When this happens, aside from the grief experienced because they are no longer alive, financial complications may add to the grieving family members’ experience. This could be because they can no longer contribute financially or personally, such as with the household running or raising the children. 

Following a death that occurs because of a car accident, a family member or a designated representative may decide to proceed with filing a Texas wrongful death lawsuit. This suit is filed against the person who is responsible for the accident, the at-fault driver. The driver who caused the crash can be held accountable. 

There is a two-year deadline that applies to filing a wrongful death suit. Texas law allows somewhat of an extension on this two-year deadline for up to a year. The statute of limitations differs from that of an injury claim in that it does not begin with the date of the accident but with the date of the victim’s death. This may have happened later but was caused by complications from the injuries sustained in the car crash.

Consequences for Missing the Deadline for the Statute of Limitations 

If you attempt to file a lawsuit and the statute of limitations has run out, the defendant’s attorney will likely file a motion to dismiss the case. Typically, the court will dismiss the case unless there is an exception that alters the deadline. If faced with the possibility of filing a car accident claim, it is crucial to understand how the deadlines might apply to your specific circumstances. 

When approaching a car accident claim in Texas, it is important to understand how the statute of limitations might affect your settlement. Though you may settle through the car insurance company’s claim process, it is important that you allow yourself enough time to file a lawsuit if it comes to that. 

By filing a claim earlier rather than later, the necessary evidence will be more well-preserved. Witnesses’ memories may fade over time, and because of this, their testimonies may be easier to impeach because of this. Contact a Texas car accident attorney so that you understand the options available to you.

Texas Car Accident Caused by Government Negligence Statute of Limitation

If you or someone you care for has been involved in a car accident due to government negligence, or the negligence of an employee of the government, such as a T-bone accident with a law enforcement officer, your claim will have a shorter deadline to file within. Typically, accidents involving government negligence must be filed within six months of the date the accident happened. 

Seek Legal Counsel With Your Questions

It is essential to speak with a Texas car accident lawyer if you are approaching the deadline of the statute of limitations. They can offer you advice and help you to navigate the often complicated legal process associated with car accident cases.