What Is the Statute of Limitations for Auto Accidents in Texas?
In general, you only have a set amount of time to file a legal claim to get compensation after a car accident. This time limit is called the “statute of limitations.” If you do not file a claim before the statute of limitations expires, you may be unable to seek compensation for your losses.
So, what is the statute of limitations for auto accidents in Texas? Get specific information about the time limits associated with personal injury and property damage claims in this article.
The Statute of Limitations for Personal Injury Claims in Texas
The state of Texas treats many car accident claims as personal injury claims. Therefore, these claims have the same statute of limitations as other personal injury claims throughout the state. Per Texas Civil Practice & Remedies Code § 16.003, you have two years to file a claim after your accident.
However, you should be aware that this statute of limitations does not apply in all cases. If your accident was caused by a government employee – such as a law enforcement officer, for example – you may only have six months to file a claim through the Texas Tort Claims Act.
You may have a significantly shorter amount of time to state your intention to file a claim if the government is involved. In this case, you may only have 30-90 days to begin the process of filing a claim in Texas.
Property Damage Claims and the Statute of Limitations
Motor vehicle accidents often do more than cause physical injuries. Your vehicle could be severely damaged in an accident in Texas. In some cases, your motor vehicle could even be totaled, requiring you to replace it entirely.
You have up to two years to file a property damage claim after a car accident in Texas. As with personal injury claims, if you wait until the statute of limitations expires, you may be unable to collect compensation for your losses.
Possible Compensation for an Auto Accident in Texas
You may be wondering what type of compensation you could receive through a personal injury or property damage claim in Texas. These claims may allow you to secure damages to cover your:
- Emergency medical care
- Time in the hospital
- Surgeries and medications
- Physical therapy and rehabilitation
You could also get compensation to cover the costs of the repairs for your motor vehicle. Additionally, in some cases, you could get coverage for time you spent off work when recovering from your injuries as well as your lost earning potential. In some cases, you could be eligible to receive compensation for your pain, suffering, and mental anguish.
Methods to Build a Car Accident Claim in Texas
In order to get compensation through a personal injury or property damage claim in Texas, you may need to demonstrate that:
- Another driver took a direct action that caused your accident.
- The accident caused your injuries or damage to your property.
- Your injuries required medical treatment.
- Your vehicle required repair work.
A lawyer could be able to build a claim for you. A lawyer can investigate the facts of your case to determine who was responsible for the collision. Your lawyer might speak with witnesses, review the police report tied to your case, and even visit the scene of the accident.
Note that you may want to begin the process of building your claim right away. Getting help on your side quickly could allow a lawyer to visit the scene of the accident before everything is moved. Additionally, your lawyer could speak with witnesses to the accident before their memories begin to fade.
The Time to Resolve a Car Accident Claim in Texas
You have around two years to file a claim after a car accident in Texas. You may wonder how long it will take to resolve your claim once you file it. This process may vary, depending upon the facts of your case and the actions of the other driver.
In some cases, car accident claims are resolved outside of the court system in a matter of weeks. However, insurance agents may refuse to settle your case. In this situation, you could end up going to court, where it could take significantly longer to secure compensation for your losses.
Focus on the Statute of Limitations for Auto Accidents in Texas
What is the statute of limitations for auto accidents in Texas? Generally, the statute of limitations for these cases will be two years. You can begin getting legal help building a claim right now by reaching out to a Dallas car accident lawyer.
Call (214) 305-8277 or complete our online contact form to learn more.
Frequently Asked Questions
- Do You Have To Sue To Recover Damages From A Car Accident In Texas?
- Can a Lawyer Prove Fault in a Car Accident When Someone Runs a Stop Sign in Texas?
- What Type of Collision Often Results When One Driver Fails to Yield the Right-of-Way to Another?
- What Do I Do if I Get Hit by an Uninsured Driver?
- How Much Should You Settle for After a Motorcycle Accident?