The statute of limitations for car accidents in Texas is the time frame in which an individual has to file a lawsuit. In the State of Texas, a car accident victim has two years from the date of the incident to file their lawsuit.
This statute of limitations is especially important in car accident cases because the victim will typically try to resolve the issue with their insurance company first. It is important to be aware that negotiating with an insurance company does not put the statute of limitations on hold.
Under the Texas Civil Practice and Remedies Code Section 16.003, any personal injury lawsuit has to be filed within two years from the date of the accident. The term victim under this statute means any individual who was injured in a car accident.
This definition can include:
- Drivers;
- Riders;
- Bystanders;
- Pedestrians.
Unless an individual dies as a result of the accident, there are no exceptions to warrant a longer filing period. There can be an extended period in which family members or representatives of a victim who died as a result of a car accident file a lawsuit.
The statute of limitations for wrongful death cases is also two years. The statute of limitations begins to run on the date of the victim’s death.
This means that if the victim passed away on the date of the accident, it would begin that day. However, if the victim died the following day, the statute of limitations would not begin until the next day.
If an individual has any questions regarding statutes of limitations in Texas, they should consult with a Texas lawyer.
What Is the Statute of Limitations on Insurance Claims?
The term statute of limitations is used to describe a state statute. These types of statutes provide the amount of time that a plaintiff has to file a civil lawsuit or the amount of time that the prosecution has to file a criminal complaint against a defendant.
These statutes are intended to place limits on plaintiffs by establishing deadlines for filing lawsuits. If a sufficient amount of time has passed, the plaintiff or prosecutor will be barred from bringing their case against the defendant.
The deadline for filing a lawsuit will depend on the type of lawsuit that is being filed and the applicable statutes in the jurisdiction where the plaintiff is filing the lawsuit. One of the main reasons for having a statute of limitations is to protect defendants from untimely litigation.
Having a statute of limitations will allow a plaintiff to pursue a valid claim against a defendant, but only when they exercise due diligence by filing a claim in a timely manner.
There are three main reasons why statutes of limitations are enacted, including:
- The statute forces plaintiffs who have valid causes of action to bring their claims in a timely manner;
- Bringing an untimely claim can result in the loss of evidence that was necessary for the defendant to defend themselves against a claim; and
- Litigating a long-dormant claim may result in more cruelty than justice.
The U.S. Supreme Court has held that the statute of limitations begins to run “when the plaintiff has a complete and present cause of action.” In general, the statute of limitations begins to run when a harmful event occurs or when the plaintiff discovered or should have discovered their injury.
If a lawsuit is filed after the statute of limitations, the claim will likely be dismissed with a motion from the defendant. In certain cases, however, the clock may pause for a period of time, referred to as “tolling the statute of limitations.”
One example of this is in criminal cases where a defendant commits a crime and flees, which results in them becoming a fugitive of the state. When the defendant is a fugitive, the statute of limitations is paused for the period of time that they were on the run.
This means that the prosecution may bring criminal charges once the fugitive is apprehended, not counting the time they spend on the run. In addition, in cases where the plaintiff is a minor, there are many states that allow the tolling of the statute of limitations until the plaintiff reaches the age of majority.
It is possible for cases that involve a private civil matter for the statute of limitations to be shortened or lengthened by an agreement of the parties.
Where Can I Find the Statute of Limitations for My State?
A statute of limitations is a statute, meaning that it is a state law. This means that a statute of limitations is typically found in the state statute for the claim an individual is seeking to file.
These statutes can typically be located online. One example of this would be how, in a personal injury case, an individual might be seeking to file a negligence complaint related to a car accident. In that case, they would look under the common law negligence statute in their state.
Within the common law negligence statute statute is a section entitled “statute of limitations.” This provides the amount of time a plaintiff will have to file their claim and will typically be notated in a term of years, for example, two years, five years, ten years, etc.
A statute may also outline when the statute of limitations begins to run. This can be helpful when calculating whether a statute of limitations has run or if a plaintiff still has time to file their claim based on a tolling of the statute.
What Else Should I Know About the Statute of Limitations in Texas?
In the State of Texas, the longest statute of limitations in criminal cases is ten years. There are several crimes covered by the ten-year statute of limitations, including:
The next longest statute of limitations in Texas is seven years, which applies to:
- The misappropriation of fiduciary property, for example, funds;
- Deception related to the execution of a document;
- Money laundering;
- Credit card or debit abuse;
- The fraudulent utilization of identifying information;
- Bigamy; and
- Medicaid fraud.
Other crimes in Texas may fall in the five-year statute of limitations, for example:
- Theft or robbery of any kind that was not previously defined;
- Kidnapping;
- Burglary;
- Non-felony injury to someone who is elderly or disabled;
- Abandoning a child;
- Endangering a child; and
- Insurance fraud.
Do I Need an Attorney for Assistance With Car Accident Statute of Limitations in Texas?
If you have been involved in a car accident in Texas and you want to pursue legal action related to that accident, it is important to consult with a car accident attorney in Texas as soon as you can. Because the statute of limitations related to car accidents may vary greatly by state, a local Texas attorney is your best help in determining how the Texas statute of limitations will affect your case.
Your lawyer can help you gather the necessary evidence for your case and make a timely claim. Your lawyer will also present you in court as needed and help you to recover damages to compensate you for your suffering as a result of your accident.
