How Long Do I Have to File a Personal Injury Claim After a Car Accident in Texas?
If you’ve been injured in a car accident in Texas, understanding the timeline for filing a personal injury claim is critical to protecting your right to compensation. Texas law imposes a statute of limitations on personal injury claims, which sets a deadline for how long you have to take legal action after an accident. Missing this deadline could mean losing your opportunity to recover damages for your injuries, medical expenses, lost wages, and more. In addition, there are also many practical reasons to get started on your personal injury claim sooner rather than later.
Read on for a discussion on what you need to know about filing a personal injury claim after a car accident in Texas. If you or a loved one has been hurt in a crash caused by a negligent driver, contact the Turley Law Firm for practical advice and skilled, professional representation from an experienced and successful Dallas car accident lawyer.
What Is the Statute of Limitations for Personal Injury Claims in Texas?
In Texas, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This means you have exactly two years from the day the accident occurred to file your claim in court. This deadline applies to cases involving car accidents, truck accidents, motorcycle accidents, and other personal injury claims.
If you fail to file your claim within this time frame, the court is likely to dismiss your case, barring you from recovering any compensation for your injuries. Legally speaking, statutes of limitations are jurisdictional in nature, meaning the court simply does not have the legal ability to hear a case that is filed after the applicable statute of limitations has passed.
Are There Exceptions to the Two-Year Deadline?
While the two-year statute of limitations applies to most personal injury claims, some exceptions exist that could extend or shorten the filing deadline. It’s critical to understand when these exceptions might apply. Some key areas include:
- Minors or Incapacitated Individuals
If the injured party is under 18 years old or mentally incapacitated at the time of the accident, the statute of limitations may be paused (or “tolled”) until the individual turns 18 or regains capacity. Once the incapacity is lifted, the clock starts ticking. - Wrongful Death Claims
If a car accident results in a fatality, family members may file a wrongful death claim. In Texas, the statute of limitations for wrongful death claims is two years from the date of the victim’s death, which may differ from the date of the accident. - Claims Involving Government Entities
If your accident involved a government vehicle or government employee, you may need to follow specific procedures with considerably shorter deadlines. For example, claims against Texas government entities require written notice of intent to file a claim within six months of the accident.
Why Acting Quickly Is Important
Although the statute of limitations provides two years to file a personal injury claim, waiting too long can jeopardize your case. Evidence critical to your claim, such as witness statements, surveillance footage, and accident scene details, may become harder to obtain as time passes. Additionally, insurance companies often scrutinize delays, potentially questioning the validity of your injuries.
Taking prompt action allows your attorney to gather evidence, negotiate with insurance companies, and build a strong case on your behalf.
Steps to Take After a Car Accident in Texas
To ensure you protect your rights and meet the filing deadline, follow these steps after a car accident:
- Seek Medical Attention
Your health should be your top priority. Even if you feel okay immediately after the accident, see a doctor to evaluate potential injuries. Early diagnosis and treatment can keep some injuries from getting worse. A medical record can also serve as crucial evidence in your claim. - Document the Accident
Gather evidence at the scene, including photos of the vehicles, the accident site, and your injuries. Collect contact information from witnesses and the other driver. - Report the Accident
File a police report and notify your insurance company about the accident. Texas law requires you to report accidents involving injury, death, or significant property damage. - Consult an Attorney
An experienced personal injury lawyer can guide you through the claims process, ensure all deadlines are met, and fight for the compensation you deserve.
What Damages Can You Recover in a Personal Injury Claim?
If you file your personal injury claim within the statute of limitations and successfully prove the other party’s liability, you may be entitled to compensation for a wide range of legal damages, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
In some cases, punitive damages may also be awarded to punish egregious misconduct by the at-fault party.
Contact Turley Law Firm for Help With Your Car Accident Claim
Navigating the legal process after a car accident can be overwhelming, but you don’t have to face it alone. At Turley Law Firm, our dedicated Dallas personal injury attorneys are here to help you every step of the way. We understand the challenges accident victims face and are committed to fighting for maximum compensation on your behalf.
If you’ve been injured in a car accident in Texas, don’t wait. Contact Turley Law Firm today by calling 214-691-4025 for a free consultation to discuss your case and ensure your claim is filed within the required timeframe. Let us help you secure the justice and financial recovery you deserve.
By acting quickly and consulting with a knowledgeable attorney, you can protect your legal rights and focus on healing from your injuries. Reach out to Turley Law Firm today to get started.
