Understanding the Statute of Limitations for Filing a Car Accident Claim in Texas

Manfred Sternberg • Sep 30, 2023

Understanding the Statute of Limitations for Filing a Car Accident Claim in Texas

Car accidents can happen to anyone, and the aftermath can be overwhelming. Apart from dealing with the physical injuries and emotional toll, you also have to navigate the complex process of filing a car accident claim. Texas law sets specific time limits for filing a lawsuit after a car accident, known as the statute of limitations. In this blog post, we will discuss the statute of limitations for filing a car accident claim in Texas, how long you have to file a lawsuit after a car accident, and how liability is determined in a Texas car accident.

1. What are the statute of limitations for filing a car accident claim in Texas?

The statute of limitations for a car accident claim in Texas is two years from the date of the accident. This means you have two years to file a lawsuit after a car accident to seek compensation for your damages, including medical expenses, lost wages, and property damage. If you fail to file a lawsuit within the statute of limitations, your case will likely be dismissed, and you may lose the chance to recover compensation for your damages.

Some exceptions can extend the statute of limitations in certain car accident cases, such as if the victim is a minor, the liable party is out of state, or the injury is not immediately evident and manifests later. It is essential to speak with an experienced car accident attorney in Texas to understand the statute of limitations for your particular case.

2. How long do I have to file a lawsuit after a car accident?

As mentioned, the statute of limitations for filing a lawsuit after a car accident in Texas is two years. However, it is crucial to start the claims process as soon as possible to build a strong case and increase your chances of recovering the compensation you deserve. Waiting too long to file a claim can also negatively impact your case.

Insurance companies will often try to settle car accident claims quickly, even before the full extent of your injuries is known. It is essential not to accept any settlement offers until you have fully evaluated your injuries and damages with the help of an experienced car accident attorney who can fight for your rights and maximize your compensation.

3. How is liability determined in a Texas car accident?

Texas follows a modified comparative fault system to determine liability in car accident cases. This means that if you were partially at fault for the accident, your compensation will be reduced by your percentage of fault for the accident. However, if you are found to be more than 50% at fault, you cannot recover compensation for your damages.

Liability in car accident cases can be challenging to determine, as multiple factors can contribute to the accident. It is important to collect evidence at the scene of the accident, including witness statements, photographs, and police reports, to help establish liability. An experienced car accident attorney can help you build a strong case and negotiate with insurance companies to secure the maximum compensation you deserve.

 

If you have been involved in a car accident in Texas, it is important to understand the statute of limitations for filing a car accident claim, how long you have to file a lawsuit, and how liability is determined. Seeking the help of an experienced car accident attorney can make a significant difference in your case's outcome and maximize your compensation for your damages. Contact our team today to see if you might benefit from decades of hard-won legal experience.

 

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