How Long Do I Have to File a Car Accident Claim in Texas?
Texas law sets a deadline for filing a lawsuit to recover compensation for injuries and losses after a car accident. The time limit, called the statute of limitations, is two years from the date of the crash. It applies to any car accident damages you wish to claim, such as medical expenses, lost wages, property damage, or pain and suffering. Read on for more information about Texas’s car accident statute of limitations and any exceptions that may apply. Contact Fleming Law today for a personalized and free consultation with an experienced car accident attorney.
What is the Car Accident Statute of Limitations in Texas?
The statute of limitations for a car accident claim in Texas is two years. You must file your lawsuit by the deadline or risk being barred from pursuing compensation altogether. Because some exceptions may affect this time frame, you should contact a personal injury lawyer as soon as possible to confirm the deadline for your case.
What if a Texas Government Worker Caused the Accident?
If a Texas government worker caused the car accident in which you sustained injuries, the time frame for initiating your claim is shorter. You must provide a Notice of Claim to the governmental entity within six months of the date of the accident. Your Notice of Claim must reasonably describe the damage or injury claim, the time and place of the accident, and the crash itself.
How Long Do I Have to File a Lawsuit if a Person Died From the Car Accident?
If a family member or loved one died in a car accident, you have two years from the date of their death to file a wrongful death lawsuit. Be sure to call an attorney as soon as possible to demand justice for your loss. Your car accident lawyer can handle all aspects of the case while you grieve your loss.
What if the Accident Victim is Under 18 Years of Age?
If the car accident victim is a minor, the statute of limitations to bring a car accident lawsuit is two years from the date of their 18th birthday. In other words, the statute of limitations is paused, or “tolled,” until they reach the age of majority.
What if the Person Who Caused the Accident Dies Before a Lawsuit is Filed?
You can still file a lawsuit if the responsible party, but you will sue their estate for the financial and personal losses you sustained in the accident. If you receive a judgment, you become a creditor, and the deceased driver’s estate will be obligated to pay your claim. Depending on the circumstances of the accident, the estate may settle your claim before a lawsuit is filed or the case goes to trial.
What Happens if the At-Fault Party Leaves the State?
Under Texas law, if the person that caused your accident temporarily leaves the state, the statute of limitations for suing them is suspended during their absence.
Contact a Texas Car Accident Lawyer
At Fleming Law, we understand the legal process can be unfamiliar and stressful for car accident victims. Let us help. We can calculate the value of your losses, gather evidence, and fight for the compensation you deserve. Contact us today for a free consultation with an experienced Texas car accident lawyer.
Brendan received his JD from South Texas College of Law and his MBA from Baylor University. He then began his legal career as in-house counsel for a publicly-traded company, advising on matters such as mergers and acquisitions, securities, compliance, and general corporate transactions. He then worked at a national law firm in which he represented commercial banks, private equity firms, and business owners in complex transactions before joining Fleming Law, Brendan uses his considerable knowledge of business-related matters by working on cases involving business law, real estate law, and contracts. Connect with me on LinkedIn