Car Accident Statute of Limitations in Houston, TX

Were you injured in a Houston car accident? If so, we understand that you’re concerned about your physical and emotional recovery. However, it’s just as important to be aware of another crucial deadline: the statute of limitations. This is a law that sets the maximum amount of time you have to file a lawsuit after a car accident. Failing to meet the deadline can result in losing your right to seek compensation permanently.

There are different deadlines for various types of legal claims, including those that arise from car accidents. If you have been injured in a car accident, an attorney at Calhoun Meredith, PLLC, can help you get the compensation you deserve while adhering to the statute of limitations. 

Contact Calhoun Meredith, PLLC today by calling us at 832-430-6210 for a free consultation.

What Is a Statute of Limitations?

A statute of limitations is a deadline for filing a lawsuit. These laws are in place to ensure that evidence has not deteriorated, that disputes are resolved expeditiously, and that both sides are treated fairly. After the statute of limitations for a claim has expired, courts will no longer hear your case, no matter how severe your injuries were or if the other driver was obviously at fault.

The statute of limitations doesn’t apply to your right to file a claim directly with the at-fault driver’s insurance company, but if you and the insurer cannot reach an agreement, or if the insurer has acted in bad faith, you’ll need to file a lawsuit to protect your rights.

The Statute of Limitations for Car Accidents in Texas

The statute of limitations for a personal injury lawsuit in Texas (including those that stem from vehicle collisions) is generally two years from the date of the accident. This applies to drivers, passengers, pedestrians, and cyclists alike who are injured by the negligent acts of others.

There are separate time limits for different types of claims that might arise from the same incident, including personal injury, property damage, and wrongful death, all have a two-year statute of limitations. It’s important to note that the statute of limitations for wrongful death is two years from the death, not the accident, as these could be on separate days.

Exceptions to the Rule

Although the two-year statute of limitations applies in most situations, there are a few exceptions to the rule. In certain cases, the two-year time limit may be extended or tolled. (Tolling is a legal term that refers to the suspension of a statute of limitations.) These exceptions are fairly limited, but they are recognized under Texas law. They include the following:

• The victim is a minor. If the victim was a minor at the time of the accident, the statute of limitations begins when they turn 18.
• Incapacitation. If the victim is mentally or physically incapacitated, the deadline may be extended.
• The defendant is unknown. This is common in cases of hit-and-run accidents. In these cases, the deadline may begin when the identity of the defendant is discovered.
• Fraud. If the defendant gave false information or withheld vital information, the deadline may be extended.

What Happens if You Miss the Deadline?

Any lawsuit filed beyond the statute of limitations will likely be dismissed. In most cases, the defendant can request the court to dismiss the case, and the court will grant that request as a matter of course.

In other words, you lose your right to seek compensation from the courts, even if you have a very strong case. Insurance companies will lose the incentive to provide reasonable payment offers if their policyholders can’t take legal action.

You may become responsible for all medical costs, lost earnings, and financial repercussions from the accident. Missing the deadline not only means that you cannot properly hold the at-fault party accountable for your damages and injuries. It also means that you could face a severe financial burden in addition to the medical and health challenges caused by serious or long-term injuries.

What You Should Do After a Car Accident

Immediately following a car accident, there are certain steps you should take to help ensure your safety and recovery. These steps can also help you receive the compensation you need for your losses.

If you are involved in a car accident, be sure to do the following:

• Seek medical attention, even if injuries seem minor.
• Report the accident to the police.
• Document the scene.
• Inform your insurance company.
• Consult an attorney.

Contact Calhoun Meredith, PLLC, Today

At Calhoun Meredith, PLLC, we understand that a car accident can turn your life around. We are here to help you secure the justice you deserve. Contact us today at 832-430-6210 to schedule a free consultation and begin fighting for your future.