What is the Statute of Limitations for a Car Accident in Texas?

The statute of limitations is a legal construct which determines how much time a plaintiff (victim) has to bring a lawsuit before they are barred from making a claim. This statute can range from anywhere between 6 months to up to 5 years, and it varies from one state to the next.

Many individuals who have been hurt in a Texas car accident are simply not aware this time limit, as evidenced by the fact that our law firm regularly receives calls and emails from those who have been statutorily barred from bringing a claim due to the fact that they chose to wait until treatment was completed before exploring their legal options, or because they were led on by the insurance company until it was so far along in the process that we were unable to help.

Even if you’re within the statute of limitations, waiting to speak to an attorney only makes your case more-difficult to pursue. That is why it is so important to discuss your legal options with an attorney as soon as possible following your automobile accident.

How Much Time Do I Have?

In Texas, you (typically) have two years from the time of your car accident to present notice to the court that you intend to file a lawsuit. Should you fail to do this, you may lose your chance of seeking legal help and justice permanently, regardless of your injuries as well as any convincing arguments you may have.

This 2-year period is extended for children under 18; they have until their 20th birthday (their two-year statute of limitations begins on their 18th birthday) to bring any personal injury claims. That said, starting any case years after the incident will prove incredibly challenging. While you may still have a valid claim, it’s in your best interests to seek out a free consultation with a Texas car accident attorney to discuss the facts of your case, as well as the options available to you.

One other caveat to Texas’ two-year statute of limitations is the “discovery of harm” rule. This means that if, for example, you discover that you’ve developed a knee problem years after your accident, you may be able to have the statute begin running the day that you become aware of the injury. This can be a difficult obstacle to overcome, but it is not impossible.

Why It’s NEVER a Good Idea to Wait

The sooner your attorney begins working on your case, the better. This is because, over time, eyewitnesses move away, memories fade, evidence disappears, and it will become increasingly difficult to find an attorney who is willing to take on your case. Waiting until eleventh hour will not give your attorney adequate time to prepare a solid case on your behalf, and car accident attorneys only accept case that they feel they can win (remember that these type of attorneys work on a no win, no pay agreement).

We’d like to urge you to get in touch as soon as possible by calling 1-800-ATTORNEY, and speak with one of our experienced Texas injury attorneys about the facts of your situation. We’ll explain the options available to you, and help you determine your best course of action.