Is There a Statute of Limitations for Car Accidents in Texas?
If you have been in a car accident in Texas, it’s important you know what to expect if you have the intention of filing a personal injury claim. One important piece of information is the statute of limitations for filing a lawsuit in Texas.
A statute of limitations is a type of procedural rule preventing people from filing a lawsuit after a certain amount of time has passed. If you attempt to file a claim after the statute of limitations has already expired, you will most likely be barred from having the claim heard in court, regardless of how much evidence you have to back up your case.
In Texas, there are several statutes of limitation applying to car accident cases:
- Claims for personal injury must be filed within two years of the injury
- Claims for property damage must be filed within two years of the accident
- Claims for wrongful death must be filed within two years of the death of the injured person
So, for example, if your accident occurred on May 1, 2015, you would have until May 1, 2017 to file a personal injury claim. As long as you’ve filed the appropriate paperwork within that time, you may be eligible to receive compensation in a settlement or court decision.
In some situations, however, you might not necessarily realize you are injured until well after the accident occurred. Certain injuries might take a while to become evident, and they can grow significantly worse over time. If this happens to you, the statute of limitations is extended to two years from the date from which you should have reasonably known your injury existed. This poses some complications, as there may be some room for argument as to when one should “reasonably know” about an injury.