How Long Do You Have to Sue for a Car Accident in Texas?

When you’re hurt in a car accident, you have a limited time to file before you lose the chance to sue. To avoid this, start preparing for a claim, collecting evidence, and sending documents to the right institutions as early as possible. However, be wary of rushing into the process without sufficient proof because this, too, can hurt your compensation. 

A car accident attorney from Gibbs & Crivelli, Slingshot Law can help you determine when you’re ready to sue, depending on the evidence you have against the defendant. Seeking legal guidance and representation from a lawyer before the lawsuit begins increases the chances of quick and successful compensation.

Statute of Limitations for Car Accident Claims in Texas

In Texas, you have only two years from when a car accident happened to sue for compensation. Failure to do so or filing after this period may cost you your settlement and force you to pay for the damages out-of-pocket. 

A statute of limitations is a legal term for the timeline stipulated by the law within which you’re required to file a lawsuit or initiate other legal action. Each state has unique requirements for different types of injury claims.

The statute of limitations to sue for a car accident in Texas is two years. However, filing against a government agency requires sending a notice of claim within six months. Some local governments may have a shorter timeline so checking in with your accident attorney on this is essential.

Can I Sue After the Statute of Limitations Has Passed?

Laws on statute of limitations bar legal action after a certain period. This means it’ll be impossible to sue for a car accident in Texas after two years from when your injuries occurred. 

Some exceptions may allow you to bypass this statute or suspend the clock, but waiting for so long is not recommended. Some arguments your lawyer could make when the filing period has passed include:

• The injured party is or was a minor when the accident happened
• The defendant is out of state
• The plaintiff discovered injuries from the accident years after it happened

If the court allows you to sue after the statute of limitations has passed, your case will still be more challenging to solve than one filed on time. The insurance company will find ways to use this as a defense to try and reduce your compensation package significantly.

Unfortunately, it may be difficult to avoid settling for this insufficient amount if you lack proper legal support. Because of this, it’s important to speak with a lawyer now, not later. Your attorney can be key in helping you get the compensation you’re due on time. 

Seek Out a Texas Car Accident Attorney

When you’re suing for a car accident, even a trivial mistake can be grounds for dismissal and a hindrance to receiving compensation. Legal professionals who understand the law will ensure you’re on the right track, including keeping up with deadlines. 

Start by evaluating your case in a free consultation with a car accident attorney from Gibbs & Crivelli, Slingshot Law. Call us at 800-488-7840, or you can reach us by filling out our contact form below.