How Long do I Have to File a Claim for an Auto Accident in Texas?
Every state has a deadline, known as a statute of limitations, within which personal injury claims must be filed. In Texas, the deadline depends on whom is being accused of negligence, as well as when the plaintiff’s injury manifested. To ensure that you do not miss this, or another important deadline, you should consider retaining an experienced car accident attorney who can assist you.
Statute of Limitations for Filing an Accident Claim
Texas law requires plaintiffs to comply with a series of strict rules when filing claims of negligence against another party. One of these rules requires plaintiffs to file any claims for damages within a period of time known as the statute of limitations. For instance, someone who broke his or her arm when another driver ran a red light and collided with his or her vehicle would need to file a claim to recover damages within two years of the date of the accident. Those who fail to file a claim within this time period will most likely have their case barred by the court, which could mean that they will miss out on their only opportunity to collect compensation for their losses.
For the most part, governments are immune from suit, which means that they cannot be held liable for damages in court. There are exceptions to this general rule, however, under which a city, state, or government agency can be forced to pay damages in court. For example, the Texas Tort Claims Act partially waives the state’s sovereign immunity from suit and allows plaintiffs to file claims against the government for two types of injuries:
- Damages arising from car accidents; and
- Personal injury or death caused by a condition or use of personal or real property.
When a government employee causes this type of accident, the state can be held liable, but only if:
- The employee was acting within the scope of employment at the time of the accident; and
- The government employee would have been held liable if he or she had been a private individual.
If these conditions exist, a car accident victim could seek compensation for personal injury, as well as property damage, although the recoverable amount is limited to $250,000 per person, or $500,000 per occurrence for bodily injury and $100,000 per accident for property damage. In order to be eligible to collect damages, injured parties must still submit claims before the deadline. However, when a case involves the government, plaintiffs must file a notice of claim with the appropriate government unit within six months of the date of the accident. Some cities have an even shorter deadline. For example, Houston requires plaintiffs to file notice of suit within three months of the date that the accident occurred.
Call Today to Schedule a Free Consultation with a Dedicated Car Accident Attorney
If you were involved in a car accident that was not your fault, you need the advice and guidance of a dedicated car accident attorney who will aggressively represent your interests, whether during settlement proceedings or in the courtroom. To speak with an attorney about your own accident, please contact the legal team at Michael P. Fleming & Associates, P.C. by calling 737-201-0543 or by sending us an online message with a brief description of your case.