Car accidents are a leading cause of injuries and deaths in Texas. While filing an insurance claim is enough to result in financial benefits in most car accident cases, some victims have the need to file a car accident lawsuit in Laredo. If you find yourself in this situation, it is crucial to understand your statute of limitations. If you don’t file soon enough, you could lose the right to file forever based on a missed deadline.
What Is a Statute of Limitations?
A statute of limitations is a law that imposes a deadline on the ability to bring certain legal actions. To keep the justice system just for everyone, Texas courts strictly adhere to statutes of limitations. If you wait too long and attempt to file a car accident claim outside of your filing window, the defendant can use this fact to request a case dismissal.
How Long Do I Have to File a Car Accident Claim in Texas?
The general statute of limitations for personal injury cases in Texas is two years, which includes car accident cases. The clock will start ticking on the date of the accident or the date that the crash victim discovers (or reasonably should have discovered) his or her injuries.
Texas Civil Practice and Remedies Code § 16.003 states:
- TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
The two-year deadline applies to most types of personal injury claims in Texas. This includes lawsuits filed for injuries caused by car, truck, motorcycle, bicycle and pedestrian accidents.
Are There Exceptions to the Rule?
Texas law does offer limited exceptions to the two-year car accident statute of limitations. Before assuming your case qualifies as an exemption, however, consult with a car accident attorney to confirm. You don’t want to risk waiting too long and forfeiting the right to seek justice.
You may have more than two years to file in the following circumstances:
- Delayed discovery. Many car accident injuries have delayed symptoms. If injuries are not detected right away, the statute of limitations can be tolled (paused) until the date of reasonable discovery.
- Wrongful death. Texas law imposes a deadline of two years from the date of an individual’s death, not necessarily the date of the car accident, on a Laredo wrongful death claim.
- Criminal acts. If a car accident is caused by criminal acts, such as drunk driving or vehicular manslaughter, the time limit on a civil claim is paused until the conclusion of a related criminal case against the defendant.
- Injured minor. When an injured individual is under the age of 18, the two-year time limit is tolled until his or her 18th birthday, giving the minor until age 20. Claims for a child’s medical bills must still be filed within two years, however, as they are considered the parents’ responsibility.
One important exemption could significantly shorten your time limit to file rather than extend it. If you wish to hold a government agency accountable for your automobile accident, municipal laws may give you as little as 45 days, depending on where you live. Contact our attorneys as soon as possible to ensure you don’t miss your statute of limitations.