Statute of Limitations for Houston Car Accidents

In Texas, the statute of limitations for a motor vehicle accident is generally two years. This is the amount of time you have to file a lawsuit or settle an injury claim. Failing to comply with this crucial deadline can bring your case to a disappointing end.

If you have questions about the statute of limitations for Houston car accidents, now is the time to ask. The sooner you move forward with your case, the better your chances of success. Reach out to a dedicated car collision attorney today to learn more.

How Much Time is There to File a Car Accident Injury Claim in Houston?

There is a limited amount of time to act after suffering an injury in a crash. This is due to the legal deadline that applies in every civil suit. Generally, the statute of limitations for Houston car accidents expires two years from the date of the collision. If time runs out before a lawsuit is filed, the court could bar the plaintiff from ever seeking compensation for their injuries from that specific accident.

Certain Exceptions Apply

While most people have two years to file their lawsuit, there are some exceptions that could shorten or extend the amount of time to pursue legal action. While a judge will typically dismiss a case if it is filed late, there are some exceptions that a plaintiff could rely on to avoid seeing a dismissal with prejudice.

For example, a plaintiff might be entitled to additional time if the defendant left the state to avoid being sued. The same is true if they are found to be legally incompetent, as they do not have the capacity to be served with a legal action. Other exceptions involve defendants on active duty or in prison.

The most common exception in these cases involves an injured party under the age of 18. Minors do not have the legal capacity to file a lawsuit, so the state will not start counting down the statutory time limit until they reach the age of majority.

Violating the Statute of Limitations Can Impact a Settlement

Not only does a violation of the statute of limitations end a personal injury lawsuit, but it can also cost a plaintiff a settlement with the at-fault party. Once a claim is time-barred due to the statute of limitations, insurance companies have no pressure to negotiate a settlement. This is true even in cases where there is no doubt the defendant was at fault.

Managing the statute of limitations is crucial, even in cases that are likely to settle. While the statutory period only two years, a plaintiff has more time than that to reach an agreement with the defense as long as they file suit during that period. Active cases can take years to conclude as long as they are filed on time.

This is one of the most important considerations when it comes to the statute of limitations in a Houston car crash. A skilled attorney can ensure the case is filed on time.

Talk to an Attorney in Houston About the Car Accident Statute of Limitations

If you were hurt in a crash, it is important to keep the statute of limitations for Houston car accidents in mind. If you wait too long to speak with legal counsel, you could miss your chance at a claim for compensation. Call right away to discuss your case during a private consultation.