How Long Do You Have to File a Deer Park Car Accident Lawsuit?

After a car accident, the victim typically has two years from the date of their injury to file a lawsuit for their losses in a Deer Park courtroom. This is the Texas statute of limitations applicable to most personal injury claims. If you wait beyond this timeframe and do not meet any of the exemptions, the court will not hear your case, and you cannot recover damages. We suggest speaking to an experienced Deer Park car accident lawyer as soon as possible after your crash, so you can get assistance with your claim.

There are several examples of this rule that may help you extend that timeframe further.

The Standard Statute of Limitations

The Texas Statute of limitations is a law that requires all parties injured in an accident to file a lawsuit within 2 years. This ensures that the legal process can occur in a timely manner and that the at-fault party has the opportunity to defend themselves with available evidence. Should you miss the deadline to file, the court has the authority to dismiss the case, leaving you with little opportunity to recover compensation.

Two-Year Statute of Limitations Exceptions in Texas

Texas law allows for several exemptions from this two-year timeframe. It is not wise to rely on exemptions to extend the time you have to file a claim. Doing so could put your case at risk if the court does not grant them. Some of the most common reasons the court would consider this process include:

• Minors: The victim was under the age of 18 at the time of the accident, and no parent filed a claim for the child. In this situation, the two-year timeframe does not begin until the minor turns 18.
• Discovery rule: In limited circumstances, a judge may extend this timeframe if the victim did not know, and could not have known, that a party was responsible for their injuries. If the injury was hidden, for example, they may not know they could pursue legal action.
• Loss of capacity: In situations where a person loses capacity, such as being in a coma for a long period, the court may grant the victim additional time once they regain the ability to seek action in the case.
• The at-fault party was found: If the person at fault for your accident flees the state and therefore cannot be served with the lawsuit, victims may have more time to file a claim once the person is found.
• Wrongful death: In situations where the victim in the car accident loses their life as a result of the accident, the family of the individual or legal personal representative has two years from the date of their death to file a lawsuit against the at-fault party. This differs from the injury date in some situations.
• Cities and government entities: If a city is at fault for your car accident, such as a city worker caused the accident or poor road conditions were at fault, you may have a significantly shorter amount of time to seek legal action, often as little as six months.

Because these are very specific rules, it is wise for victims to seek the support of a car accident attorney as soon as possible. Your attorney will work to build your claim and case, negotiate a settlement, and go to court, if necessary, within the required timeframe to protect your right to compensation. Do not wait too long to get the help you need.