Texas Accident Injury Statute of Limitations and Benefits of Filing Early
When you suffer a catastrophic accident, it can feel like time stands still. Even though the collision may only last a few seconds, to those who are injured it can seem like an eternity. In hindsight, once recovery begins, the memories of the accident can make it feel like the entire ordeal—from crash to hospital to present—only took a few minutes. It took Albert Einstein to realize that time is relative, but all it takes is to suffer an accident to see the effects time can play on your mind.
That being said, although accidents can play tricks with time, accident laws refuse to give you a break when it comes to the time you have to pursue an injury claim.
The Texas Statute of Limitations
A statute of limitations is a law that sets a deadline on when a legal claim can be filed to recover damages. The courts will not allow your claim (even if it’s valid) if you have waited beyond the timeframe given in the statute of limitations—no matter the reason. Therefore, it is of critical importance to pay attention to time limits when deciding when and if to file an injury claim. If you let the statute of limitations expire, your right to sue vanishes.
The Texas statute of limitations for negligent personal injury and wrongful death cases is generally two years. This means that you have exactly 730 days from the day of the accident (or the day of the death) to file an injury lawsuit. Now, two years may seem like a long time, and may convince you to put off filing until after your recovery—but this would be a mistake. Waiting until the end of the deadline can seriously affect the success of your case.
Benefits of Filing Early
It is important to take quick and decisive action if you believe that you have a legal claim for damages after an accident—especially a car collision. The sooner you pursue a claim after an accident, the more likely you are to be able to:
- Secure evidence. The faster you file, the more time you’ll have to gather evidence and secure documentation. After a couple of years, evidence may get lost or misplaced.
- Secure witnesses. Witnesses’ memories tend to fade over time and become less compelling to a judge or jury. When you pursue a claim early on, witnesses’ recollections will be fresh and more dependable.
- Secure a quick and reasonable settlement. Bills and medical debt will begin to pile up immediately after an accident. By filing earlier you can get the compensation you need when you need it, rather than having to deal with the debt during your recovery.
- Secure your right to seek damages. Two years may seem like a long time, but after months of recovery and even more time trying to get back on your feet, the statute of limitations can suddenly surprise you. You can avoid losing your case by default by simply filing early.
Beating the Deadline
Statute of limitation laws are designed so that people don’t face an indefinite period waiting for a potential lawsuit to be filed against them. Unfortunately, that also means some negligent drivers may get off without paying for their acts. Don’t let a deadline ruin your chances to earn the financial compensation that you deserve.
Come learn your immediate legal options by calling us today and taking advantage of our firm's free legal consultation. Pick up the phone and dial 713-921-4171 to speak to one of our experienced and dedicated attorneys. Time is running out. Don’t let a deadline put an expiration on your injury rights. Call now!