After being involved in a car accident, you may wonder how long you have to file a lawsuit seeking compensation from the at-fault driver for your injuries and other losses. In Texas, the deadline for filing a personal injury lawsuit is normally two years from the date of the underlying accident. That said, there are some notable exceptions to this rule that may apply in narrow circumstances.
If you were injured in a car accident in Texas at little to no fault of your own, you should not hesitate to consult with an experienced attorney. The legal team at The Wilhite Law Firm is standing by to help you navigate the law governing personal injuries, including by making sure the all-important filing deadline is not missed in your case. Contact us today to schedule a free, no-obligation consultation with a knowledgeable personal injury attorney. Read on to learn more about the statute of limitations in Texas.
What Is the Purpose of the Statute of Limitations?
In general, the legal system has an interest in encouraging potential litigants to file their cases sooner than later. To that end, the statute of limitations sets a filing deadline to ensure that legal action is taken in a timely manner. The deadline serves three main purposes. First, it prevents courts from being inundated by years-old cases. Second, it spares defendants from living under the constant threat of a lawsuit. Third, it spares judges and juries from having to make difficult decisions after key evidence has deteriorated or disappeared over time.
Can the Deadline Be Extended?
Yes. It is possible to pause (“toll”) the two-year countdown in limited circumstances. However, determining whether an exception applies in your case is not always straightforward, and you should only rely on a potential exception after consulting with an experienced attorney. Bearing this in mind, the most common scenarios in which the filing deadline may be extended are as follows:
- Minors – If the plaintiff is a minor at the time of the accident, the countdown will not start until their eighteenth birthday. In other words, they will have until their twentieth birthday to file a lawsuit.
- Unsound Mind – If the plaintiff is of “unsound mind” at the time of the accident, the countdown will not begin until they regain the capacity to file a lawsuit.
- Defendant Leaves the State – The countdown is paused for as long as the defendant is outside of the state. It pauses each time they leave and continues upon reentry.
- Discovery Rule – If your injuries do not appear until some time has passed after the accident and are “inherently undiscoverable” before that time, the two-year countdown can be shifted so that it starts only when your injuries are discovered or should reasonably have been discovered.
What if the Driver Who Hit Me Works for the Government?
If the driver who caused your accident works for the state government or a municipality, the deadline for filing your case is shortened. Under the Texas Tort Claims Act, a “governmental unit is entitled to receive notice of a claim against it . . . not later than six months after the day that the incident giving rise to the claim occurred.” The notice must describe the:
- Damage or injury claimed;
- Time and place of the incident; and
- Facts of the incident.
That said, under the Federal Tort Claims Act (FTCA), you have the normal two years to file a personal injury claim against the federal government.
What Are the Consequences of Missing the Deadline to File a Lawsuit?
The statute of limitations is strictly enforced. If you miss the filing deadline, the defendant in your case will file a motion to dismiss. Subject to the narrow exceptions discussed above, the presiding judge will be forced to grant the motion. In effect, this will eliminate your right to seek legal compensation in court.
The bad news does not end there. Even if you do not ultimately take your case to court, your ability to threaten a lawsuit against the at-fault party serves as your primary leverage when discussing an out-of-court settlement. With this threat eliminated from your arsenal, the at-fault party and their insurers will have little incentive to negotiate with you fairly. When they make a lowball offer or reject your insurance claim altogether, you will have little to push back with.
The best way to avoid this is to bring your case to an experienced attorney as soon as possible. Not only will this ensure that you do not miss the filing deadline, it will also give your attorney more time to investigate your case and build a strong legal claim on your behalf.
Is There a Different Deadline for Filing a Claim with My Insurer?
Yes. If you intend to file an insurance claim with your own insurer (i.e., a “first-party” claim), you must give notice to your insurer that an accident occurred before a certain deadline. The deadline is normally set somewhere between 30–60 days after the date of the accident. However, you should still read your insurance policy carefully to determine the correct deadline.
Always remember that even your own insurer is not eager to spend their money paying your legitimate claim. Therefore, they will have no sympathy for you in the event you miss the deadline set by the governing policy.
Contact a Texas Car Accident Lawyer
If you were injured in a car accident in Texas at little to no fault of your own, contact an experienced car accident lawyer as soon as possible to protect your right to compensation from the at-fault party. The legal team at The Wilhite Law Firm has decades of experience helping injury victims throughout the state secure the full and fair compensation they deserve. Our knowledgeable and compassionate personal injury attorneys are ready to do the same for you. Contact us today to schedule a free, no-obligation consultation.
