Asian men wear cloth splint on arm to treat car accident injuries.

How Long Do You Have to File a Car Accident Injury Lawsuit?

A car accident on one of McAllen’s busy roads, like Expressway 83 or I-2, can instantly change your life. In the aftermath, you are dealing with pain, medical bills, and a mountain of stress. While you focus on healing, a legal clock starts ticking. A common question I hear from clients is, “How long do I have to file a car accident injury lawsuit?” The answer to this question is one of the most important facts you can know.

In Texas, every personal injury case, including those from car accidents, has a strict deadline called the statute of limitations. This deadline is not something to take lightly. If you miss it, you lose your chance to seek compensation for your injuries. Understanding this timeline is the first step toward protecting your rights.

The Two-Year Deadline for Most Car Accident Claims

For most car accidents that cause injury in Texas, the statute of limitations is two years from the crash date. This is established by the Texas Civil Practice & Remedies Code, Section 16.003. This law means you must file your lawsuit in a court, such as the Hidalgo County District Court, within this two-year period.

This rule applies to most claims against another person or a company whose negligence caused your injuries. Two years might seem like a long time, but the legal process for a car accident claim is complex. It requires a thorough investigation, gathering evidence, and communicating with insurance companies. Waiting too long can make collecting the needed evidence and building a strong case more challenging.

Important Exceptions to the Two-Year Rule

While the two-year statute of limitations is the general rule, some specific situations can change this timeline. These exceptions are crucial to understand, as they can either shorten or lengthen the time you must file a lawsuit.

Claims Against Government Entities

If the person who caused your accident was a government employee or if the crash involved a government vehicle, the deadline to file your claim is much shorter. Under the Texas Tort Claims Act, you must provide written notice of your claim to the government entity within a very short timeframe. In most cases, this notice period is just six months from the accident date. This applies to a wide range of situations, from a crash with a city-owned vehicle to an accident on a road with a dangerous design. Missing this brief window can prevent you from filing a lawsuit later, so you must act quickly.

Injuries to a Minor

The statute of limitations differs when a person under 18 is injured in a car accident. The two-year clock does not start until the minor’s 18th birthday, giving them until they are 20 years old to file a personal injury lawsuit. This exception recognizes that a minor cannot legally file a lawsuit on their behalf. The parent or legal guardian can file a lawsuit for the minor at any point before the minor turns 18.

The Discovery Rule

In rare cases, an injury may not immediately appear after an accident. For example, a person might not discover a serious internal injury or a medical condition that was caused by the crash until months or even a year later. The “discovery rule” can be an exception here. It states that the statute of limitations begins on the date the injury was discovered, or should have been found, rather than on the date of the accident itself. This rule is complex and does not apply to most car accident cases.

Why You Must Not Wait to Act

Even with a two-year deadline, delaying legal action is a mistake. The longer you wait, the harder it becomes to build a strong case. Here is why you need to move with purpose:

  • Evidence is Fresh: Witnesses’ memories fade, and significant evidence, like skid marks or damaged vehicles, can disappear. A prompt investigation ensures that valuable information is collected and preserved before it is gone.
  • Medical Records Are Crucial: Your medical records are the foundation of your claim. Getting immediate medical treatment creates an official record that ties your injuries to the accident. Any delay can make it harder to prove that the crash directly caused your injuries.
  • Dealing With Insurance Companies: The at-fault driver’s insurance company wants to pay you as little as possible. They will try to get you to give a recorded statement or accept a quick settlement that is likely far too low. I handle all communication with the insurance companies, so you do not have to.

A car accident lawsuit is a legal fight. It requires someone with experience to take on powerful insurance companies. I am dedicated to being that advocate for my clients, bringing an aggressive approach to every case I handle. Everyone struggling to recover financially and emotionally after an accident deserves dedicated, passionate, and knowledgeable support every step of the way, and I’m proud to provide that for everyone who chooses my firm as their representation.

My Commitment to Fighting for You

I know that dealing with the aftermath of a car accident is difficult. I focus on fighting for my clients so they can focus on their recovery. Everyone deserves justice, regardless of their financial situation. That is why I work on a contingency fee basis. My firm’s brand promise is simple: We don’t charge a thing unless we win! This means you do not pay a single legal fee out of your pocket. I get paid only if I successfully secure compensation for you.

Do not let the statute of limitations pass you by. The time to act is now. If you have been injured in a car accident, you need to know your rights and understand your legal options. Contact me today to schedule a free and confidential consultation. Call me at 956-923-4472 to discuss your case and find out how I can fight for you.

Sources:

Texas Department of Transportation: Crash Statistics. https://www.txdot.gov/safety/crash-statistics.html

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