When you get into a car accident, you have a limited time to take action. In Texas, you typically have two years from the date of your accident to file a personal injury lawsuit. Additionally, if you’ve lost a loved one in a fatal accident, you have two years from the date of their death to file a wrongful death claim.
Filing a claim with your insurance company may have different timelines and requirements. Ultimately, however, insurers know that you won’t have legal recourse if the time to file a lawsuit has passed. As a result, you need to take action before the statutory deadline, or your claim could be denied.
Acting quickly after an accident is also important because evidence can be lost and witness memories can fade if you don’t act. As soon as you’ve been involved in a crash, it’s a good idea to consult with a Texas personal injury lawyer as soon as possible.
Important Exceptions to the General Filing Deadline in Texas
While the two-year statute of limitations is the general rule for filing a car accident claim in Texas, there are some exceptions that could apply, depending on the circumstances of your case. For example, claims that involve minors or the delayed discovery of injuries can affect your filing deadline.
In any event, each case can pose unique complications. Instead of assuming which deadlines apply to your case, it is best to have an attorney review the facts of your case as soon as possible after the accident.
Claims Involving Minors
Under Texas law, the statute of limitations is generally “tolled” or paused while the injured person is under the age of 18. Typically, this means that if the injured victim was a minor when the crash happened, they will have two years after they turn 18 to file their own personal injury lawsuit.
However, if a parent wants to make a claim related to a child’s accident, they are generally still subject to the standard two-year deadline. For example, if they want to recover reimbursement for certain medical expenses that they paid for their minor child, they are subject to the two-year filing deadline.
Delayed Discovery of Certain Injuries
Most Texas car accident claims must be filed within two years of the crash, even if you don’t always know the full extent of your injuries and losses right away.
Texas does recognize a limited “discovery rule” in some situations where an injury or its cause couldn’t reasonably have been discovered immediately. This exception applies only in a very limited number of cases and isn’t available just because you don’t realize how badly you were hurt right away.
Typically, this rule applies to medical malpractice claims. It is rarely applicable in car accident claims.
Wrongful Death Claims
Under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of your loved one’s death, even if that is different from the date of the injury. A Texas wrongful death lawyer can help you understand which deadlines apply, gather evidence, and preserve your right to recover in a wrongful death action.
Claims Against Government Entities
In some cases, a government entity contributes to an accident. For example, if a government employee was driving a government vehicle and caused your crash, the government may be liable for your accident. However, when a government entity is involved in a Texas car accident, sovereign immunity laws apply. These laws usually require additional notice procedures.
Under the Texas Tort Claims Act, you have six months to provide the government with notice for a car accident claim. However, some municipalities have additional notice requirements that are less than six months. If you were involved in an accident with a government vehicle, an experienced lawyer can help you understand which notice requirements and filing deadlines apply.
| Situation | General Deadline |
| Standard Car Accident | Two years (in most cases) |
| Minor Injured | Special rules may apply |
| Government Vehicle | Shorter notice requirements may apply |
| Wrongful Death | Different filing considerations |
Why You Shouldn't Wait Until the Deadline
Beyond making sure you don’t miss any filing deadlines under the statute of limitations for personal injury claims, there are other considerations for taking swift legal action. In a car accident, evidence becomes harder to obtain over time, and critical proof can be lost if you wait too long to file your claim. Witnesses may not remember what happened, or you may not be able to find them if you wait for months or years to take legal action after an accident. Security camera footage could get lost or recorded over, and vehicles get repaired before photos can be taken.
Contacting a Texas car accident lawyer as soon as possible can help you preserve evidence to prove your claim. Your attorney can also negotiate a settlement on your behalf with insurance companies. Negotiations with insurance companies can take time, so contacting an attorney right away after your accident gives you the best chance to attempt negotiations and still have time to file a lawsuit.
How Can Shamieh Law Help?
Our legal team at Shamieh Law can help you understand the filing deadlines in your case, investigate your accident, preserve evidence, communicate and negotiate with insurance adjusters, and advocate on your behalf to secure the compensation you deserve. Contact us online or call us at 469-813-7332 to learn more about how we can help.