Among the many issues that can arise after a car crash is knowing the deadline for filing a claim. In the state of Texas, there are clearly defined time limits for filing a car accident claim. Here’s a brief overview from a car accident injury lawyer in San Antonio.
How Long Do You Have to File a Car Accident Claim in Texas? Answers from a Car Accident Injury Lawyer in San Antonio
Statute of Limitations in Texas
The statute of limitations is the length of time after an event during which you may file a claim or pursue other legal action. In Texas, the statute of limitations for personal injury claims due to car accidents is generally two years after the date of the incident. If you intend to file a lawsuit for injury sustained in a car accident, this means that you must file a claim within two years from when the accident happened.
Why the Time Limit?
Over time, physical evidence may deteriorate. Witnesses may forget the details of what exactly happened. It may become more difficult to demonstrate the extent of your physical injuries or damage to your vehicle. The farther you get from the time of the accident, the more challenging it becomes to establish liability.
Exceptions to the Two-Year Rule
Discovery Rule
The discovery rule can extend the statute of limitations if an injury was discovered later than when the accident occurred. The two-year period may then start from the date of the discovery of the injury, not the actual date of the accident. That, of course, depends on whether you can clearly prove that the injury was due to the accident. For more information or advice about the discovery rule in Texas law, visit this page.
Claims Involving Minors
If the person injured in the accident is a minor, that is under 18 years old, the statute of limitations begins as soon as the minor reaches the age of 18. This means that the two-year period for filing a claim starts on that child’s 18th birthday. The intention of this exception is to provide additional time for victims who are minors to seek compensation by recognizing that they may not legally be able to pursue a claim immediately after the accident due to their age.
Government Entities
If there was a Texas government entity involved in the car accident, such as a city or state vehicle, Texas law requires that you file a notice of claim saying that you intend to file a lawsuit. The deadline for filing this, however, varies from six months from the date of the accident to as little as 45 days, depending on the city or county. This notice of claim must be filed with the relevant government agency and must include details about the incident and the damages you wish to claim. After filing the notice of claim, be aware that the timeframe for filing a lawsuit against a government entity may be shorter than the standard two years, depending on the circumstances.
Conclusion
No one ever expects to be in a car accident, and hopefully, you never are. But if you are ever involved in an accident and find yourself needing to file a claim, knowing the Texas statute of limitations for filing a claim can help you in getting a fair settlement.
Featured Photo by Gustavo Fring
