Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries and the complexities of legal claims. One of the most common questions victims ask is, “How long after a car accident can you claim injury?”
Understanding the time limits for filing a personal injury claim in Texas is crucial to ensure you don’t forfeit your right to seek compensation. Missing deadlines could mean losing your ability to recover damages for medical bills, lost wages, and pain and suffering.
Acting quickly not only strengthens your case but also ensures that crucial evidence is preserved.
Understanding Texas’ Statute of Limitations: How Long After a Car Accident Can You Claim Injury?
In Texas, the statute of limitations for filing a personal injury lawsuit resulting from a car accident is two years from the date of the accident. This means you have exactly two years from the day the accident occurred to initiate legal proceedings against the at-fault party. Failing to file within this timeframe typically results in losing your right to pursue compensation.
The two-year deadline applies to most personal injury claims, including those for medical expenses, property damage, lost wages, and pain and suffering. However, every case is unique, and some circumstances can alter the timeline.
Exceptions to the Two-Year Rule
While the two-year statute applies in most cases, certain exceptions can extend or shorten the timeframe for claiming a car accident injury. Because these exceptions can impact your ability to file a claim, consulting with an attorney as soon as possible is critical:
Minors or Incapacitated Individuals
If the injured party is under 18 years old or deemed mentally incapacitated at the time of the accident, the statute of limitations may pause (or “toll”) until the individual turns 18 or regains capacity. Once the incapacity is lifted, the two-year clock begins.
Wrongful Death Claims
If a car accident results in a fatality, family members may file a wrongful death claim. In Texas, the statute of limitations for wrongful death claims is two years from the date of the victim’s death, which may differ from the date of the accident.
Claims Involving Government Entities
If your accident involves a government vehicle or employee, you must provide the government with notice of your claim within 180 days of the accident. This is a prerequisite before filing a lawsuit and is a much shorter timeframe than the standard statute of limitations.
Why Prompt Action Is Essential
Although Texas law provides a two-year window to file a personal injury claim, acting quickly is always in your best interest. Delays can lead to challenges such as:
- Lost or deteriorating evidence, such as surveillance footage or accident scene photographs;
- Witnesses forgetting crucial details or becoming unreachable; and
- Insurance companies using delays to dispute or minimize claims
Additionally, medical expenses and lost wages can quickly pile up after an accident. Taking immediate action improves your chances of securing the compensation you deserve and avoiding financial hardship.
How Long Do You Have to File a Claim for a Car Accident?
It’s important to distinguish between filing an insurance claim and filing a lawsuit. While the statute of limitations for filing a lawsuit is two years, insurance companies often require that claims be reported promptly, sometimes within days of the accident.
Most insurance policies have strict deadlines for reporting accidents, and failing to do so can lead to claim denial. If you’re dealing with an at-fault driver’s insurance, their company may try to delay or deny your claim. You must also report the accident to local enforcement as soon as possible.
Speaking with a car accident lawyer can help you navigate these challenges and ensure you file your claim correctly.
Partner with a Trusted Car Accident Lawyer
When you’re facing the aftermath of an accident, you deserve more than just representation—you need a trusted team that will fight for you every step of the way. At Kolodny Law Firm, we take charge of your case from the moment you hire us. Our experienced Houston personal injury lawyers are professional, passionate, and relentless in pursuing justice.
Since 2012, we’ve advocated for injured Texans, earning a reputation as a reliable name in personal injury law. As proud Houstonians, we understand the strength and resilience of our community, and we’re committed to upholding those values in every case we handle. From the start, we’ll treat you with the respect you deserve and ensure that insurance companies take your case seriously.
Contact Kolodny Law Firm Today
Backed by extensive knowledge, resources, and experience, we are prepared to handle even the most complex personal injury claims.
Insurance companies and opposing counsel know they’re in for a fight when Kolodny Law Firm is on the case. Our attorneys are accomplished negotiators and seasoned trial lawyers who prepare every case as if it’s going to court. Whether through a favorable settlement or a hard-fought trial, we’re here to deliver results.
If you or a loved one has been injured in a car accident, don’t wait until it’s too late. Contact Kolodny Law Firm today to schedule a free consultation and ensure your rights are protected within the legal timeframes.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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