{"id":2484,"date":"2024-03-19T14:29:00","date_gmt":"2024-03-19T14:29:00","guid":{"rendered":"https:\/\/wolflawpllc.com\/?p=2484"},"modified":"2024-03-19T14:29:00","modified_gmt":"2024-03-19T14:29:00","slug":"statute-limitations-texas","status":"publish","type":"post","link":"https:\/\/wolflawpllc.com\/blog\/car-accidents\/statute-limitations-texas\/","title":{"rendered":"Understanding the Texas Car Accident Statute of Limitations"},"content":{"rendered":"
In Texas, you have the right to recover compensation from someone who injured you in a car accident, but you must act quickly to file legal action. The statute of limitations requires you to file your lawsuit within a specific timeframe or risk losing your opportunity. These laws give victims a chance at justice while balancing the rights of defendants against unexpected claims. Below, a car accident attorney<\/a> from Wolf Law, PLLC explains the Texas car accident statutes of limitations.<\/p>\n When you or a loved one has been hurt in a car accident, the Texas Civil Practice and Remedies Code<\/a> states that suits for personal injury must be brought not later than two years after the harmful incident. This is usually the day of the accident, although it can occasionally be later.<\/p>\n For example, if a person dies from a car crash, the family members may file a wrongful death lawsuit to recover compensation. Because the death is the triggering event in a wrongful death claim, the date of death is when the statute of limitations begins to run.<\/p>\n The two-year statute of limitations is not absolute in every case. Certain circumstances can extend the time limit for filing an injury lawsuit. These usually relate to the defendant\u2019s mental competency or their location at the time of the litigation.<\/p>\n If someone is under a legal disability when an injury occurs, the statute of limitations is tolled (stops running) for the period of the disability. A person is considered to possess a legal disability if they are either:<\/p>\n The limitations period begins to run again when the period of disability is over. A second period of disability may not be added to the first period to extend the time limit. The disability must exist at the time of the injury to toll the statute.<\/p><\/blockquote>\n If the defendant leaves Texas, the absence period will affect the applicable statute of limitations, delaying action until the person can be brought back to the jurisdiction.<\/p>\n If the last day of an applicable limitations period falls on a Saturday, Sunday, or holiday, the period will be extended until the next business day.<\/p>\n The discovery rule applies when an \u201cinjury is by its nature inherently undiscoverable\u201d and is \u201cunlikely to be discovered within the prescribed limitations period despite due diligence,\u201d according to the Texas Supreme Court<\/a>. In these instances, the statute of limitations will not begin to run until a person discovers their injury or, using reasonable diligence, could have discovered it.<\/p>\n Determining whether an injury is or was inherently undiscoverable is dependent on the circumstances of each particular case and the actions and awareness of the person injured. Inherently undiscoverable does not mean completely unable to be discovered, nor is it merely the inability of the injured victim to discover the injury within the limitations period.<\/p>\n Discovery does not mean waiting until all possible effects of an injury are known. A car accident victim may realize they are hurt before they have fully determined the extent of their injuries and the identity of the at-fault parties. The statute of limitations would begin once they discover they have been harmed.<\/p>\n Under the Texas Tort Claims Act<\/a>, government entities are liable for the injuries caused by their employees acting within the scope of their employment if the accident meets both of the following criteria:<\/p>\n However, a government unit must be notified of a claim not later than six months from the date of the incident. Municipalities within the state may have shortened the notice period even more than that, so it\u2019s important to check for the particular requirements of a given governmental unit.<\/p>\n The personal injury statute of limitations applies to claims made against other persons or entities for injury claims such as those resulting from car accident lawsuits. Even though an insurance company may represent the at-fault party, the claim is still against the wrongdoer and must be made within the statutory period.<\/p>\n If an insurance company does not abide by the terms of its own contract, it can be sued, with a four-year statute of limitations. However, the law allows insurance companies to reduce the period to two years in their contracts. If an insurance contract requires notice before a lawsuit, the notice period must be reasonable and not less than 90 days.<\/p><\/blockquote>\nGeneral Statute of Limitations for Car Accidents in Texas<\/h2>\n
Circumstances That Can Extend the Statute of Limitations<\/h2>\n
Disability<\/h3>\n
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Absence from the State<\/h3>\n
Weekends or Holidays<\/h3>\n
Discovery Rule<\/h3>\n
Personal Injury Claims Against State and Local Governments<\/h2>\n
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Insurance Companies and the Statute of Limitations for Car Accidents in Texas<\/h2>\n