How Much Time Do I Have to File a Car Accident Lawsuit in Texas?
After a serious car crash, the days and weeks after the accident are often filled with doctor’s appointments, hospital stays, and the challenges of paying your bills and supporting yourself and your family when your injuries have prevented you from working. Even in the months after a collision, trying to focus on the paperwork required for your auto insurance claim can be difficult, not to mention attempting to gather evidence against the at-fault driver whose negligence caused your injuries. During this time, you may be wondering about the time window you have to file a car accident lawsuit if you need to do so.
The statute of limitations for most car accident lawsuits in Texas is two years under the Texas Civil Practice and Remedies Code. Our Texas car accident attorney can explain in more detail and can speak with you today about your claim.
Two-Year Statute of Limitations for Personal Injury Lawsuits in Texas
The Texas Civil Practice and Remedies Code cites a two-year statute of limitations for a personal injury lawsuit in the state, which includes most car accident lawsuits. The statute of limitations is a strict time window in which a would-be plaintiff is eligible to file a civil lawsuit against a defendant. In this type of lawsuit, you will be seeking monetary damages from the defendant or defendants, meaning the party or parties responsible for your car accident injuries.
It is important to be clear that the statute of limitations does not apply to insurance claims. The timeline you must follow for an auto insurance claim will depend on the terms of the policy and other relevant factors. A car accident lawyer in Texas can also help you to determine this timeline and to negotiate an insurance settlement. Just because you are going through an insurance claims process, however, does not mean that the statute of limitations stops running. The clock will tick as soon as the “cause of action accrues.”
Causes of Action in Texas Auto Collisions
What is the “cause of action” in a Texas motor vehicle crash that starts the clock on the two-year statute of limitations? It depends on whether you are filing a personal injury lawsuit for your own injuries, or seeking compensation through a wrongful death claim following a loved one’s fatal injuries in a car crash.
The cause of action in a car accident personal injury lawsuit, in which you are suing based on your own nonfatal injuries, is the accident itself that caused harm to you. From that date, you have two years to file a lawsuit. In a wrongful death case, the cause of action is the deceased’s death. Sometimes this is the same day as a car crash — the death may be instantaneous or occur soon after the collision, for example. However, sometimes a person is placed on life support, or ultimately succumbs to injuries in the days, weeks, or even months after the initial crash. The clock on the wrongful death statute of limitations starts ticking on the day of that person’s death.
Contact a Texas Car Accident Lawyer Today for Assistance
Whether you need to file a lawsuit after sustaining injuries yourself in a car crash, or you lost a loved one in a collision and need to find out about filing a wrongful death lawsuit, an attorney can help. Our firm regularly represents injury victims and their families, and we can speak with you today about options for seeking financial compensation after an auto accident in Texas. Do not hesitate to contact the experienced Texas car accident lawyers at John Reed, Attorney at Law to learn more about how our firm can assist you with your injury case.
Source:
statutes.capitol.texas.gov/docs/cp/htm/cp.16.htm
