Injured In a Car, Truck, or Motorcycle Accident? Don’t Wait Around to File a Claim
In Texas, strict legal deadlines apply to personal injury and property damage claims arising from motor vehicle accidents. Missing these deadlines could prevent you from recovering compensation, no matter how strong your case may be.
Texas Has a Two-Year Statute of Limitations
Under Texas Civil Practice and Remedies Code § 16.003, most lawsuits for personal injuries and property damage resulting from a car accident must be filed within two years of the date of the accident.
This means that if another driver’s negligence caused your injuries, you generally have two years to file a lawsuit seeking compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses.
While two years may seem like plenty of time, building a strong case often requires gathering evidence, interviewing witnesses, reviewing medical records, and consulting with accident reconstruction experts. Delaying action can make this process much more difficult.
What Happens If You Miss the Deadline?
If you file your lawsuit after the statute of limitations has expired, the court will likely dismiss your case. In most situations, you will lose your right to recover damages from the at-fault party.
Insurance companies are well aware of these deadlines. If they know the statute of limitations has passed, they have little incentive to negotiate a fair settlement because they understand you may no longer have the ability to pursue your claim in court.
Are There Any Exceptions?
Although the two-year deadline applies to most cases, there are limited exceptions.
For example, if the injured person is a minor, the statute of limitations may not begin running until the child turns 18 years old. Additionally, different deadlines and notice requirements may apply if your claim involves a government entity, such as an accident involving a city vehicle or other public employee.
Because these exceptions can be complex, it is important to speak with an experienced Texas car accident attorney as soon as possible to determine which deadlines apply to your case.
Filing an Insurance Claim Is Different
Many people confuse filing an insurance claim with filing a lawsuit. Although Texas law generally gives you two years to file a lawsuit, your insurance policy may require you to report the accident much sooner.
Most insurance companies expect accidents to be reported promptly, sometimes within days of the collision. Waiting too long to notify your insurer could jeopardize certain benefits under your policy.
Don’t Wait to Protect Your Rights
Even if you believe your injuries are minor, it is wise to seek medical attention and consult an attorney soon after an accident. Evidence can disappear quickly, witnesses’ memories fade, and surveillance footage may be erased. Acting promptly gives your attorney the best opportunity to preserve evidence and build a compelling case.
If you were injured in a Texas car accident, don’t assume you have unlimited time to pursue compensation. Understanding the applicable deadlines—and taking action before they expire—can make all the difference in protecting your legal rights and maximizing your recovery.
IF YOU’VE BEEN INJURED IN AN ACCIDENT, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY FOR YOUR FREE CONSULTATION.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
