A car accident can happen in an instant, but the effects and injuries from it can linger for a long time. Filing a personal injury claim can help you regain some financial security after the accident, but this only works if you file within a certain time. If you go past the timeframe of what is known as the statute of limitations, you will be unable to regain monetary compensation.
Because car accident injuries can take months, or sometimes years, to heal, it’s a good idea to consult with one of our car accident attorneys who knows the personal injury claim system and can help submit your claim within the particular timeframe. The attorneys at Garcia Injury Law are here to help you understand your rights and the limitations of the legal system that governs your personal injury claim.
Overview of the Statute of Limitations in Texas for Car Accident Claims
Different states offer different statutes of limitations surrounding personal injury claims, and sometimes specific claims offer different time limits; however, many states sit around the two to three-year limit. A statute of limitations is a timeframe placed on an accident. After the last day in the time allotted, a person cannot bring a personal injury claim against another party, regardless of the severity of the injuries or damages caused.
Texas specifically has two-year statutes of limitations for personal injury cases, including car accidents. This means that if you’re injured in a car accident, you have 24 months to collect evidence and submit a personal injury claim.
Understanding the Two-Year Limit for Filing Car Accident Lawsuits in Texas
It’s important to understand Texas car accident laws in order to file a personal injury report. At first, two years may seem like plenty of time, but those years can speed by quickly while you’re trying to heal from injuries. There are certain steps you need to take to ensure you have a strong personal injury claim. Within the two-year timeframe, you need to:
- Gather your medical records to demonstrate your injuries
- Collect evidence, such as witness statements, pictures, or videos from the accident
- Reach out to the police station to get a copy of the police report about your accident
- Find photos of your injuries and stages of recovery
- Write down all your memories about the accident
- Communicate with insurance companies and navigate insurance offers
You may find that it’s a stressful process to take on by yourself. What you need is a team that knows how to navigate the aftermath of a car accident and understands how to talk to and negotiate with insurance companies. Reach out to a lawyer as soon as possible.
Key Dates: When Does the Statute of Limitations Begin in Texas Car Accident Cases?
The statute of limitations for car accidents begins from the date of the accident. From there, you have two years to collect the information and evidence you need to support your claim, and file it. It’s important that you don’t wait until the last minute and attempt to file a claim; they take more preparation than you might first think.
Note: This is not to be confused with certain other personal injury claims, such as medical malpractice, where the statute of limitations often begins once the injury is discovered.
The last date for you to file a personal injury claim is two years after the date of the car accident. If you’re trying to file a personal injury claim alone, it may take some time. Consider how long your injuries may need to heal. On average, it takes a few weeks to a few months to recover.
Within that time, medical bills, as well as regular life bills, have been piling up. You might find it difficult to find the time to work on your personal injury claim if you’re trying to make up hours at work or navigating life with your new injuries. Months may go by before you’re able to collect all your evidence, and the bills are still growing.
Even if you’re able to get the claim in before the two-year deadline, you still have to negotiate with insurance companies, meaning that your compensation is still weeks, if not months, away.
We feel for you. We know that these situations are stressful, and you may feel overwhelmed. That’s why our team is trained to treat your case with the care and attention it deserves; we’re here to support you during this difficult time.
Exceptions to the Two-Year Statute of Limitations in Texas
This is not to say that there is no hope of regaining compensation if two or more years have passed since your accident. There are a few exemptions to the statute of limitations for personal injury cases in Texas. These will slightly extend the timeframe due to extenuating circumstances.
- Anyone who is under the age of 18 who was in an accident will have two years after they turn 18 to file a personal injury claim.
- Anyone who was not mentally sound at the time of the accident will have two years after they regain cognizance to file.
- If an injury was not discovered until later (for example, if nerve damage was later revealed and directly tied to the accident), then the two-year clock would start after that injury was discovered.
- If the person responsible for the accident were to leave Texas within two years after the accident, the statute of limitations would be paused until their return.
If the two-year limitation has passed for your accident, reach out to our legal team to see if you have grounds for an extension. We can help you determine if any of the above situations apply to your claim and give you advice on the best course of action to take. With our team, you can have someone working for you while you’re healing and heading back to work.
Memory Gaps: What Can Happen When You Wait Two Years
We sometimes think that moments around traumatic events are seared into our brains, but that’s not true. The more time that passes from an accident, the hazier our memories become, and the easier it is for insurance companies to claim that victims have a poor recollection of the events surrounding the accident and give them less compensation.
This is why it’s essential that, as soon as you can after an accident, you record the events as you remember them; write down what happened in a notebook, on your phone, or on a computer — wherever they will be safe and you can easily find them again. These records can be used in your personal injury claim.
Additionally, it’s harder to find witnesses or the videos or photographs they have the longer you wait after an accident. A bystander’s memory of the event will not be as sharp twenty-four months after the accident, in comparison to only a handful of months, and their statement could more easily be dismissed.
Comparative Negligence and the Role it Plays in a Delayed Claim
Texas runs on a comparative negligence system, meaning that any part you played to cause the accident will be deducted from your total compensation.
To this end, insurance companies like to trick people and make them go back on their statements or confuse the language they use so they can portion blame and don’t have to provide as much compensation. This is easier to do the longer you wait after an accident because of the difficulties surrounding memory.
To make sure you’re being treated fairly, our lawyers will negotiate directly with the insurance companies and keep you updated on the progress to ensure your compensation isn’t undercut.
What Can a Lawyer Do For You?
To help your personal injury claim, it can be beneficial to hire a lawyer who knows the claim process well. Having a trusted legal team to work on your personal injury claim can mean filing your claim sooner after your accident, which means receiving compensation sooner. A lawyer or legal team can also help:
- Gather the evidence you need, including speaking to witnesses on your behalf and collecting police reports, traffic camera footage, and other videos or photographs
- Calculate your current monetary compensation based on medical bills, and estimate future projections that you will need depending on your injuries
- Work with insurance companies to make sure you aren’t being low-balled
- Take your case to court if no agreement is reached
When you hire us, we will fight for your compensation. With García Injury Law, you have experience and compassion on your side.
What Compensation Can You Expect From a Personal Injury Claim?
Some people may think it’s not worth pursuing a personal injury claim because they don’t know the scope of what’s available to them. If you’re involved in a car accident, you are entitled to request compensation for:
- Any cost related to hospital or medical bills
- Time lost at work
- Pain and suffering
A lawyer can help you determine the appropriate amount of compensation needed. Remember, car accident injuries are injuries that can follow you throughout life, and they may need future medical attention, treatment, surgeries, or therapies to help heal, even after your initial recovery.
Impact of Missing the Deadline: Legal Consequences in Texas
Legally, after the statute of limitations window closes, you are not allowed to file a personal injury claim. This can cut you off from pursuing and receiving necessary financial aid.
This means that you will be responsible to pay all your medical bills that weren’t covered by insurance, including any back-pay or late fees that are needed. With the cost of hospital stays and medical bills, that can be an overwhelming financial burden.
Contact García Injury Law Today
Our team of lawyers has the experience you need when filing a personal injury claim. We empathize with our clients and are able to give them the quality care and advice that they need.
While the two-year statute of limitations can be limiting to those who are looking to file a personal injury claim, our attorneys are here to give you the advice you need. Even if the timing is at the tail end of the two-year statute of limitations, talk to our lawyers to go over all your options or see if you qualify for an extension.
Call our office today at 512-474-4487, or reach out to us online. We’re ready to help you regain the compensation you need.
