How Long Do You Have to Sue After an Accident?

How Long Do You Have to Sue After an Accident?

• December 15
• Evans/Reilley
• Car Accidents

If you have recently been in a car accident in Texas, your life may seem like a whirlwind right now.  You need to focus on your recovery from physical and mental injuries and make sure all of your affairs are in order.  Also, you will want to figure out if you can sue the other driver of the car accident, as you may be entitled to compensation for your injuries.  You may have had to miss work, and you may be dealing with high medical bills.

Even though your health is the No. 1 priority, you should not delay if you are thinking of filing a claim for your injuries.  You may be asking yourself, how long do you have to sue after an accident?

The “statute of limitations” is the deadline for filing a lawsuit against the driver whose negligence injured you.  Statutes of limitations exist to protect defendants from the possibility of a lawsuit’s being filed long after everyone has forgotten the details of the accident and evidence has disappeared, and they also encourage plaintiffs to file suit as quickly as possible.

The statute of limitations in Texas for personal injury cases is two years from the date of the accident.  Each state has a different statute of limitations and in Texas, the law can be found in Section 16.003 of Chapter 16.  There are some exceptions to the two-year time limit, which we discuss below.

You will want to file a claim as soon as possible after your accident, which means hiring a personal injury attorney.  Waiting to file a claim may result in the opposing parties’ asking the court why you waited too long to file and how bad your injuries really are.  Also, the longer you wait, the harder it will be for you (and possible witnesses) to remember specific details about the case.  On that note, if you are in an accident, make sure you document the scene, take pictures, and write down contact information of the other drivers involved.

There are some exceptions to the statute of limitations for car accidents in Texas which you should be aware of.  One exception is if you are very badly injured in the accident.  If you have to have major surgery and treatments, or if you are incapacitated (like in a coma), the statute of limitations starts once you are able to make decisions on your own,  Also, if the other driver leaves the state or is missing, the statute of limitations does not start until the person can be located.

Another exception for the statute of limitations for car accidents in Texas is if the victim is a minor.  If a child under the age of 18 is in a car accident, the statute of limitations does not start until the child turns 18.  This is because Texas law has deemed that a child under 18 is not mature enough to make legal decisions, such as filing a lawsuit as a result of a car accident.

If you are involved in a car accident with a government worker while they are working for the state, you will have only six months to give the state a notice of intent to sue.  This is according to the Texas Tort Claims Act.  Most importantly, you should contact a car accident attorney in Texas as soon as possible to get your claim started.

If the defendant in the case has committed fraud, then the statute of limitations may be extended in order for that issue to be settled.

Also, if the victim of the car accident has died due to their injuries, the family of the victim has two years from the date of death to file a wrongful death claim.

What Is The Statute of Limitations on Car Accidents in Texas?

As mentioned above, if you have been in a car accident in Texas, you have two years from the date of the accident to file suit against the other driver.  The statute of limitations is pretty solid, so you will need to act quickly in filing your claim.

This does not mean that the lawsuit you filed must be heard by a jury or tried in court within two years of the accident.  This means that you have two years from the time of the accident to file the lawsuit in court.  Also, it is important to note that a claim can be settled at any point.  If however, the claim is not settled within two years, you will have missed the statute of limitations to file a lawsuit.

Besides the other driver, you can also file a lawsuit against the car insurance company.  The statute of limitations against the car insurance company is two years from the date of the accident.

If you want to file a claim against the insurance company for denying your benefits claim, different statutes of limitations need to be looked at.  The statute of limitations for filing a breach of insurance contract claim against the insurance company is four years from the alleged breach of the policy.  Also, if you are filing a claim against the insurance company for violating the Texas Insurance Code, you have two years from the alleged violation to file a claim.

Hire A Knowledgeable Car Accident Lawyer To Help With Your Injury Claims

If you are involved in a car accident that was caused by another driver’s negligence, you should contact a personal injury attorney as soon as possible.  You will need an attorney that fights for your rights and will make sure that you get quality representation for your case.  In addition, you will want an experienced attorney who can get you the highest compensation possible for your claim.

The lawyers at Evans/Reilley have been in this business for more than 20 years.  Our experienced lawyers are ready to assist with your case and will explain all of the nuances of the statute of limitations that applies to your case.  Contact our legal team at (512) 566-3955.