If you’ve been involved in a recent accident, you probably have many unanswered questions. Mostly, you may be wondering where to get help and how long after a car accident you can claim an injury in Texas. Throughout Harrison County, an experienced attorney can provide support after an accident, but it’s important to understand the deadlines that apply to your personal injury claim.
How Long After a Car Accident Can You Claim an Injury in Texas?
You may have heard someone say they were involved in a personal injury accident or hired a personal injury lawyer. A personal injury is any incident that is caused by someone else’s recklessness, carelessness, or intentional behavior. An accident can impact you physically, mentally, and/or emotionally. If you’ve been hurt and someone else is responsible, you may be able to recover compensation if the incident happened recently.
After an accident, most people file an insurance claim against the at-fault party. Yet, sometimes insurance does not fully cover their injuries and property damage, and they work with a lawyer to file a civil court case. As a result, it’s important to know how to calculate exactly when to file an insurance claim.
Texas Personal Injury Statute of Limitations
In the Lone Star State, you have two years from the exact date of your car accident to file a claim for a personal injury. This deadline is called a statute of limitations. In Texas, this deadline applies to claims on behalf of drivers, passengers, bicyclists, etc. It also applies whether you are seeking compensation for your property damage or for your injury recovery.
There are some nuances and some exceptions that are important to understand, like if you’re filing against a government entity, if the injured victim was a minor, for a wrongful death, or if the at-fault party flees Texas. An attorney can further explain these rules.
Also, it’s helpful to work with an attorney because they can keep an eye on the clock to pursue the compensation available to you while they are also negotiating on your behalf. Sometimes, people representing themselves are actively negotiating with an insurance carrier and forget to file their formal court case before the statute of limitations expires. They forget that negotiations do not pause the statute of limitations clock.
Keep in mind that the only way to confirm you have a valid claim is to file your formal claim in a Texas civil court. A licensed attorney knows this, and again, they can keep track of these timelines on your behalf. If you miss the two-year deadline by even one day, a Texas court typically will not accept your filings, leaving you without any way to pay for all of your medical bills or property damage.
Car Accident Need to Know Information
Texas boasts about 31 million residents, and about 19,159360 licensed drivers when last reported by the U.S. Department of Transportation. In 2024 alone, the Texas Department of Transportation confirmed 14,905 serious injury crashes and 18,218 Texans sustaining serious injuries. This data means that there is a high likelihood that you could be involved in a crash and may need reliable legal support. If you are unable to avoid a wreck, pursue skilled legal help.
FAQs
Why Do Some People Take the First Offer Right Away After a Car Accident?
There are many reasons that some people take a first offer right away after a car accident that an insurance company may make. They may face immediate financial stress, emotional exhaustion, and a lack of understanding of their claim value.
However, historically, insurance carriers make lowball offers that are not for the full value of your claim. An attorney can discuss what your recovery is actually worth.
Can I File a Personal Injury Claim After Three Years?
No, you cannot file a personal injury claim in Texas after three years. The deadline to file a civil court case for a personal injury is two years, and if you file after three years, it is practically guaranteed that the court will dismiss your case. If a court accepts your case, a defense attorney will immediately notice your untimely pleadings and ask the court to have your case dismissed.
Does the Two-Year Deadline Apply to the Insurance Claim or a Court Case?
The two-year deadline applies to the court case and not an insurance claim. However, insurance companies require you to report accidents as soon as possible or within a reasonable time. Waiting two years to notify an insurance company of a car accident will likely result in a denied claim for compensation.
Can I Still File a Claim if My Symptoms Didn’t Show Up Right Away?
Yes, you can still file a claim in a Texas court if your symptoms didn’t show up right away as long as you are within the two-year window for filing your case. Many conditions often take days or weeks to appear, like whiplash, internal soft tissue damage, or concussions. Accordingly, you should seek medical attention immediately after an accident or upon noticing any symptoms to link them directly to your crash.
Hire a Car Accident Lawyer: Choose The Law Office of Josh B. Maness
If you or a loved one needs to hire a car accident lawyer, connect with The Law Office of Josh B. Maness. As the founding attorney, I have an understanding of Texas car accident laws that’s as big as Texas itself, and I bring years of experience to your unique car accident case. From my Waskom office, I represent clients across Harrison County. If you are ready to work with a dedicated car accident attorney, reach out to learn more about me.
If you or a family member were involved in an accident, you may be entitled to compensation, which usually covers medical bills, lost wages, and ongoing treatment. If a crash was fatal, relatives can file a wrongful death claim to recover damages. While money cannot bring your loved one back, it helps provide financial stability after an unexpected loss. However, time is of the essence with a wrongful death claim.
After an accident, contact The Law Office of Josh B. Maness for your free consultation.
