If you or someone you care about has sustained injuries, and you believe someone else is to blame, you may be eligible for compensation. However, you must act fast if you want to recover damages for your personal injury case. Texas has a statute of limitations for personal injury cases that bars injured victims from seeking compensation after a certain time limit expires. A statute of limitations is basically a law that sets a deadline for plaintiffs to take legal action.
After a motor vehicle accident, an injured victim must file a lawsuit before the set time limit to qualify for compensation. At Morris & Dewett Injury Lawyers, our legal team can gather evidence, assess your damages, build an airtight personal injury case, and file your lawsuit before the deadline.
How Long Do I Have to File a Personal Injury Lawsuit in Texas?
If you are injured in Texas, you must file a personal injury lawsuit within two years from the date of the accident. This deadline applies to crashes such as car accidents, truck accidents, passenger accidents, and pedestrian accidents. The Texas statute of limitations (two years) also applies to car accidents with no injuries — property damage claims. The courts will probably dismiss your case if you don’t file your suit within the set time frame.
In wrongful death cases, surviving family members have two years from the date of death to file wrongful death lawsuits.
Are There Exceptions to the Statute of Limitations in Texas?
Most personal injury cases in Texas must follow the Texas statute of limitations. However, there are some exceptions to this law, including:
- If the injured victim is under 18 years old: Here, the deadline is paused until they are of age.
- If the defendant leaves Texas before a lawsuit is filed: The deadline is suspended until their return.
- If the defendant is mentally disabled: The Texas statute of limitations is tolled until they are of sound mind and can answer charges.
- If the plaintiff’s illness or injury is discovered later on: Under the discovery rule, the clock starts ticking after the discovery.
If any of the above exceptions apply to your Texas personal injury case, you may have more time to bring legal action against the alleged defendant. At Morris & Dewett Injury Lawyers, our legal team advises you to seek legal counsel sooner rather than later.
What if the Accident Involved a Government Vehicle?
If you were injured in a crash involving a government vehicle, such as a city bus, you have a much shorter time to file a lawsuit: six months from the accident date. Your notice of claim must reasonably describe the incident, your injury or property damage, and the time and place of the crash.
It’s important to note that some local governments have even stricter deadlines for filing claims against government agencies. For instance, you only have 90 days to file a notice of claim with the city of Houston for injuries or destruction of property.
Don’t Wait: Contact a Texas Auto Accident Lawyer
You may feel as though you have so much time after an accident. However, two years can truly fly by. If you have questions about the Texas statute of limitations or if your deadline is quickly approaching, contact Morris & Dewett Injury Lawyers as soon as possible. Our motor vehicle accident lawyers can help you file your case on time.
Call 888-492-5532 now to schedule your free, confidential case review. Let us help you with your Texas personal injury case.
Sources
- Limitations of Personal Actions. Texas State Legislature. Accessed on August 14, 2023.
- Governmental Liability. Texas State Legislature. Accessed on August 14, 2023.
- Notice of Claim for Damages. City of Houston. Accessed on August 14, 2023.
