How Long Do I Have To File a Personal Injury Claim in Texas? Our Car Accident Lawyer Explains

One of the most common questions our car accident lawyers hear from clients involves any deadlines for filing an injury claim. After people suffer injuries in a motor vehicle crash in Texas, they have up to two years from the date of the accident to file a lawsuit.

What Does the Statute of Limitations Mean?

The Texas statute of limitations is the period in which you must file a personal injury lawsuit related to the car accident injuries you suffered. This filing notifies the defendant that you maintain your right to seek a financial award for your injuries.

This does not mean you and your car accident lawyers must finish the case within two years. It only applies to the deadline for filing the lawsuit. 

Without having a deadline, victims theoretically could wait decades to file a personal injury lawsuit related to the accident.

What Happens If I Miss the Deadline?

If you do not reach out to a personal injury attorney and file the lawsuit within two years, you almost certainly will lose your opportunity to seek a financial award. A few exceptions do exist, though, including:

• Age: If the victim was under age 18 at the time of the accident, the two-year clock doesn’t start until the victim turns 18.
• Mental disability: If the victim was of “unsound mind” at the time of the accident, a vehicle collision lawyer may be able to argue that the two-year deadline doesn’t apply.

Despite these exceptions, most people seeking legal aid for car crashes cannot file a lawsuit after a two-year window. However, if you believe you fit one of the exceptions, calling an auto accident law firm for advice could be helpful.

Why You Shouldn’t Wait To Seek Help With Your Case

Even though two years seems like a lot of time to file a lawsuit, you should reach out to a car accident lawyer as early as possible. Investigating your case and finding reliable witnesses is easier the earlier you hire an attorney to begin working for you. 

Collecting medical evidence of your injuries and physical evidence of the crash are equally important to your case. Although the medical evidence is clear for years in your records, the physical evidence is more difficult to find as time passes. Time is key in this part of the investigation regarding the actual crash.

Should the at-fault driver in your case not have insurance, your car accident lawyers may need even more time to investigate. When the other driver has no coverage, you’d need to file a claim under the uninsured motorist coverage on your insurance policy, which can be complex. Giving your lawyers the ability to start investigating as close to the actual date of the accident as possible is helpful.

Our Car Accident Lawyers Are Ready To Help With Your Case

If you suffered injuries in a car accident that was not your fault, you have the right to seek a financial award. 

To schedule a consultation with our motor vehicle accident lawyers, call Fadduol, Cluff, Hardy & Conaway, P.C. today at 800-433-2408. If you have worries about meeting the two-year deadline that the Texas statute of limitations requires, we can discuss your options.