If you have sustained injuries after a car accident in Texas, you may have grounds to file a legal claim. However, it is important to note that your right to pursue legal action against the responsible party will not last forever.
Rather, your claim may eventually be barred by the statute of limitations for a Texas car accident.
If you’re wondering what the statute of limitations for a car accident in Texas is, you are not alone. Understanding statutes of limitations can be confusing, especially if you have never dealt with a car accident legal claim before. Nevertheless, it’s important to understand what it is and how it might affect your claim moving forward.
Fortunately, you do not have to navigate this process on your own.
At Armstrong, Lee & Baker LLP, we have made it our mission to help personal injury victims in need. The first step in doing so is making sure our clients understand their rights and claims and feel cared for at every stage in the process.
Use our guide below to learn more about the statute of limitations for a car accident in Texas. When you are ready to discuss your potential claim, contact our team to see how we can help you recover.
Statute of Limitations: An Overview
You might be wondering what exactly a statute of limitations is.
In short, a statute of limitations sets a time limit to bring particular types of lawsuits.
Without a statute of limitations for car accidents, parties could potentially wait extremely long periods of time before filing suit. As a result of such delays, parties could face difficulty finding eyewitnesses and other relevant information about the collision.
This can make the claim difficult, or even impossible, to effectively litigate. Therefore, the statute of limitations is in place to help prevent parties from waiting an unreasonably long period of time before attempting to bring legal action to claim damages.
It is important to note that if you fail to file your car accident claim within the statute of limitations in Texas, the judge will likely dismiss your suit altogether.
While you do not necessarily want to rush into a lawsuit, it is crucial to know when the statute of limitations for your particular claim expires. That way, you can better ensure that you do not risk forfeiting your right to recovery completely.
What Is the Car Accident Statute of Limitations in Texas?
Usually, statutes of limitations will be a particular number of years. However, the precise amount of time will depend on the type of claim you intend to file.
According to Section 16.003 of the Texas Statutes, the statute of limitations for a car accident that results in personal injury is two years from the date of the accident.
But remember—the statute of limitations does not mean you must conclude your case before the period ends. Rather, it simply means that you must file your lawsuit before the statute of limitations runs.
Exceptions to the Statute of Limitations for Texas Car Accident Claims
As with most things in life, there are certain exceptions to be aware of.
For example, if the injured party dies as a result of the defendant’s negligence, and the surviving family members want to file a wrongful death suit against the at-fault driver, the two-year statute of limitations does not necessarily begin on the date of the accident. Rather, a person must bring a wrongful death suit within two years of the date of death.
Additionally, if the last day of the respective statutory period falls on a weekend or holiday, the time limit is extended until the next business day.
To learn more about these and other exceptions, give our team a call today.
Remember, even though you generally have two years from the date of your injury to bring a claim, the smart move is to contact a lawyer right away. A lawyer can help you navigate the process, find skilled doctors, and preserve the evidence that will be necessary to prove your case.
Armstrong, Lee & Baker LLP: Your Texas Car Accident Attorneys
Dealing with the aftermath of a car accident in Texas is something that no person should have to handle on their own. That is why we have made it our mission to help accident victims throughout Texas as they fight for the compensation they need and deserve.
Whether you need assistance understanding the statute of limitations for your claim, negotiating with an opposing party, or taking your case all the way to trial, the attorneys at Armstrong, Lee & Baker LLP will fight zealously for your rights in the fight toward your recovery.
Contact us today for a free consultation to discuss your case and see what our team can do for you.