With car accidents come various stressors—medical bills, physical pain and injury, car repairs, and anxiety to name a few. When you want to file a lawsuit, you must also know the statute of limitations for car accidents in Texas.
If you have been hurt in a car wreck, consider reaching out to our attorneys at Fadduol, Cluff, Hardy & Conaway, P.C. We can help you ensure that you file your claim promptly and can discuss your options with you.
What Is a Statute of Limitations?
A “statute of limitations” in a Texas car accident is a window of time in which you can file a lawsuit. It begins on the date that the accident took place and runs through the period specified in the statute. The idea behind the statute of limitations is to keep lawsuits from being filed many years after an accident.
The Statute of Limitations in Texas
The car accident statute of limitations in Texas typically allows parties to file within two years from the date of their accident. This time frame applies to most personal injury claims in Texas.
Consider the following example: You were in a car collision one year ago and suffered severe injuries to your back. You want to bring a lawsuit against the other driver so that you can possibly recover compensation for your injuries. In Texas, you will be able to do so because it has only been a year since the date of your accident.
But if it has been over two years, it will be challenging for you to file your claim. That is unless an exception applies or the opposing party does not bring up the statute of limitations.
Are There Any Exceptions?
In Texas, the statute of limitations for auto accidents do have some exceptions. The exceptions are very narrow and difficult to establish. Consequently, it is critical that you consult with a knowledgeable attorney. A personal injury lawyer can help you review these exceptions and see if one may apply.
Overall, though, you should not rely on them to delay filing your claim. You should reach out to an attorney as soon as possible if you have questions.
What If the Statute of Limitations Expires?
It’s essential that you follow the statute of limitations for a car accident to ensure you can bring your claim. The other party will likely let the court know when the timeframe passes in Texas, even if it is by one or two days. The court will probably accept their motion to dismiss if it is brought up.
Do I Need to File a Lawsuit?
Some people are understandably hesitant to file a personal injury lawsuit as opposed to an insurance claim. You may not be sure whether you must file suit at all.
If the insurance company makes a reasonable offer to you in negotiations, you may not need to bring a lawsuit. Instead, you would file an insurance claim and resolve it directly with the insurance company. Before accepting any offer from the insurance company, you should review it with an attorney.
How Can I Get Started?
After the collision, you should first call the police and contact emergency services if necessary. You should then collect information from the other driver, such as their insurance information. Afterward, you should get in touch with a lawyer who can advocate for you.
Contact Our Law Firm For Help
If you are unsure whether the statute of limitations for your car accident has run or you think it might have passed, it is still essential to consult with an experienced attorney.
Our lawyers at Fadduol, Cluff, Hardy & Conaway, P.C. can help you work through your options. We have over 30 years of experience, with offices in Odessa and Lubbock, TX.