Under Texas Civil Practice and Remedies Code §16.0031, you usually have two years from the date of a car accident to file a personal injury lawsuit against the person responsible. This deadline is called the statute of limitations. It sets the time you have to seek compensation through the court.
If you do not file your lawsuit before the two-year deadline ends, you may lose your right to recover damages for medical bills, lost wages, and pain and suffering. This deadline applies to filing a lawsuit, not filing an insurance claim, which is often the first step after an accident.
Exceptions to the Statute of Limitations
Two years is the standard timeframe for how long after a car accident you can claim an injury in Texas. However, some exceptions may pause or shorten the legal deadline:
Claims Involving Minors
If the injured person was under 18 at the time of the crash, the two-year deadline usually starts on their 18th birthday. They generally have until their 20th birthday to file a lawsuit.
Claims Against Government Entities
If your crash involved a city bus, government vehicle, or unsafe road, you may have a much shorter deadline. Speak with a Texas personal injury lawyer as soon as possible to help file a formal administrative notice2 with the agency.
The Discovery Rule
In rare cases, a person may discover an injury long after a crash. The deadline may start from the date the injury was found if the person acted carefully and the court agrees the injury could not have been found during the first medical exam. Examples include hidden soft-tissue injuries or delayed traumatic brain injury symptoms3.
These deadlines can be strict. An experienced Texas accident attorney can help protect evidence, file paperwork correctly, and protect your legal rights.
Why Waiting Too Long Can Harm Your Case
Two years may seem like a long time, but waiting to hire a lawyer or start your case can create problems. Important evidence can disappear quickly as skid marks fade, camera footage is erased, and road debris is removed. Over time, witnesses may also forget key details, making their statements less useful.
An insurance adjuster may view a delay as a sign that your injuries are not serious. If you wait to get medical care, they may also argue that your injuries came from something other than the accident. Acting quickly can help show a clear connection between the crash and your injuries.
Whether you plan on filing an insurance claim or a lawsuit, you should still know the car accident statute of limitations in Texas. Once the deadline passes, the insurance company may not have to pay a settlement. Starting early can help protect your right to compensation.
Sources:
1https://statutes.capitol.texas.gov/?tab=2&code=CP&chapter=CP.16&artSec=16.003
2https://statutes.capitol.texas.gov/?tab=1&code=cp&chapter=cp.101&artSec=
3https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi