Car accidents can cause devastating injuries and emotional upheaval. In the immediate aftermath of an accident, taking legal action with help from a San Antonio car accident lawyer may not feel like the priority when you’re just trying to get your life back on track. However, the law limits how much time you have to file a car accident lawsuit. If you don’t take legal action within this timeframe, you can forfeit important rights.
What Is a “Statute of Limitations”?
A statute of limitations is a time limit that affected parties must take certain legal action. They can apply to criminal cases as well as civil cases. For personal injury cases, statutes of limitations dictate when an accident victim can file a lawsuit to seek compensation for their damages. If you don’t file the lawsuit within this timeframe and have not otherwise settled your case, the court can dismiss any later case you file as untimely, and you can lose the right to recover compensation through the courts.
Why Are There Statutes of Limitations?
Statutes of limitations help ensure that cases are brought forward when evidence is more reliable. By limiting the amount of time you have to make a claim, the law ensures the case is heard when evidence is available and witnesses’ memories are fresh. Additionally, statutes of limitations provide certainty, allowing potential defendants not to worry about negative consequences after enough time has passed since the incident.
What Is the Statute of Limitations to File a Car Accident Lawsuit in Texas?
In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. If you file your lawsuit after this time, the court will likely dismiss the case due to Texas Civ. Prac. & Rem. Code § 16.003.
Exceptions to the Statute of Limitations in Texas
Certain situations can make the statute of limitations longer. The statute of limitations may be “tolled” or paused during periods such as:
- Your incapacitation when you are not able to take legal action
- While you are a minor
- When the defendant moved out of state
- While the defendant is on active duty
- While the defendant is in prison
In these instances, the two-year clock does not begin until your capacity is restored, you turn 18, when the defendant returns to the state, when the defendant is finished with active duty, or when the defendant is no longer incarcerated.
However, you should not rely on these exceptions. By taking prompt legal action, you can protect your right to pursue compensation for the damages you’ve incurred.
Two years may seem like a long time, but this time can quickly pass by while you’re focusing on your recovery. The sooner you contact an experienced car accident lawyer, the sooner a lawyer can begin investigating your case, preserving evidence, and pursuing the financial compensation you deserve. An experienced San Antonio truck accident attorney from George Salinas Injury Lawyers can assess your case during a free consultation and advise you on the next steps to take. Contact us today to schedule yours.