What is Texas Statute of Limitations on Personal Injury Claims

Statute of Limitations for a car accident personal injury claim

If you have been involved in an auto accident and sustained injuries in Houston, you may be within your rights to file a lawsuit against the at-fault party.

This can help you recover compensation for your losses – including both financial and non-financial losses.

However, before you do that, it is worth noting two legal considerations in Texas.

The statute of limitations and comparative negligence laws here may preclude some accident victims from claiming what they believe they deserve.

It’s best to be clear from the outset who can claim and what you can claim for. So, let’s take a quick look at the two main legal parameters that accident victims face.

If you've been involved in an accident in Houston, TX, call our accident attorney for immediate assitance (832) 745-4878 or contact us online.

What is the statute of limitations for auto accidents in Texas?

The Texas statute of limitations for personal injury cases means that you have a limited time in which to file a claim for injuries after an auto accident.

This period is two years after the date of your accident. If you miss the deadline, you relinquish your rights to pursue a case against an at-fault party.

Two years may seem like plenty of time in which to file but sometimes injuries are slow in developing. Some injured parties are not aware of the extent of their injuries until later – so it pays to keep the time limitation in mind.

Sometimes, the preliminary stages of the investigation eat up time when determining how strong your claim is. Your personal accident lawyer can advise you on the best course of action in your case and provide an idea of the associated timelines.

Generally speaking, it’s best to speak to your personal injury lawyer as soon as possible after the accident to start the ball rolling with your claim. The details are likely still clear in your mind and it is still possible to gather critical evidence to back up your version of events (photographs, eyewitness accounts, and any other relevant evidence).

Passing the case over to a lawyer should also relieve the stress of having to deal with the insurance company of the at-fault party.

Besides, the faster you act, the quicker you are likely to get a payout that covers your medical and other costs. Never simply accept an offer from an insurance company without first speaking with an experienced personal injury attorney.

Are there any exceptions to the Statute of Limitations in Texas?

While in standard personal injury cases, you can expect the two-year statute of limitations to apply, there are some instances where further time can be granted by the courts – as detailed in the Texas Civil Practice & Remedies Code.

In the following two scenarios, for instance, you may be able to argue a case for an extension to the time limit:

  1. If the plaintiff is “under a legal disability” i.e., a minor (under 18) is “of unsound mind” at the time of the accident that caused the injuries.
  2. At some point after the accident that caused the injuries, and before the lawsuit can be filed, the person who allegedly caused the plaintiff’s injuries leaves the state of Texas.

In the first instance, the two-year timespan is likely to start only when the period of legal disability is over (the injured person turns 18 or becomes mentally competent). In the second instance, the period of absence of the defendant is not counted as part of the two-year statute of limitations.

Can you sue under comparative negligence laws in Texas?

Texas is one of many states that operates according to the “shared fault” model when determining compensation. You may hear this referred to as “comparative negligence” or “comparative fault” in Texas.

It essentially means that two parties or more can share responsibility for an accident. This does not preclude an injured party from claiming compensation providing they were no more than 50 percent at fault. However, the amount of compensation awarded will be reduced according to the degree of fault.

For instance, say you were deemed by the court to be 25 percent at fault for an accident and another driver was 75 percent at fault.

The court awards $80,000 in damages in your case – but you would only receive $60,000 due to the 25-percent fault that you need to bear for the accident.

How is comparative negligence determined?

Before you can claim compensation for injuries suffered, a determination must be made of who was at fault for the auto accident.

Often, this is disputed. Insurance companies aim to minimize payouts and will attempt to get you to admit some portion of fault. That is part of the reason why hiring experienced legal representation is essential for any major personal injury claim.

If the case goes to trial, it will be thoroughly evaluated typically by a jury, who will determine which party or parties involved are at fault.

How do you prove negligence in Texas?

Generally, to prove negligence in personal injury cases in Texas, your lawyer will need to demonstrate that the following five elements applied:

What damages can be claimed?

Assuming that you can claim for your losses from the auto accident, your amount of compensation will depend on the nature of your injuries as well as your degree of fault (if any).

Typically, personal injury victims claim for present and future losses – financial and otherwise – including the following:

Get answers to your personal injury claim questions…

Few personal injury cases are simple, straightforward claims. You should expect complications but your personal injury lawyer will handle these and any questions you may have.

With experienced legal representation, you can first determine whether you have a valid case according to the various laws in Texas and then understand the process your case will go through and the expected outcomes.

For a free case evaluation with an experienced auto accident attorney, call (832) 745-4878 or contact us online.

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Cierra Mcclain
Cierra Mcclain
14:44 25 Aug 21
They are a great law firm. Ryan did not only kept me informed about what was going on, he also made me feel valued the... entire process. I would most definitely use them again.read more
Xochitl Flores
Xochitl Flores
20:11 05 Aug 21
Grateful Dehoyos helped with my case. Always there to answer any questions and very appreciative that he took care of... what was important to me.read more
Arturo Paredes
Arturo Paredes
19:48 09 Jul 21
Great experience! Thank you DeHoyos for being there to help me and my family with everything. I recommend this firm for... any legal services in the personal injury world. The staff was very nice and helpful and very responsive throughout my case.read more
Courtney Kehler
Courtney Kehler
19:35 25 Jun 21
Upfront and honest. I look forward to continuing working with them. Update! Took 3 years to sort out the mess that is... insurance. I absolutely could not have done this without Ryan as he made it absolutely painless. I never had to deal with creditors or the insurance!! Will be using him for any other legal needs.read more
xavier wheeler
xavier wheeler
21:40 21 May 21
This was honestly the most professional experience I’ve had with a law office. They were very understanding,... responsive, and always kept me in the Loop about what was going on with my case. Ryan is not a dream seller. He keeps it realistic and will be straight up and honest on what he can and can’t do. He and his assistant Ashley are a great team and if i ever got in to a situation like this again he is my go to guy.read more
cassandra barker
cassandra barker
13:10 21 May 21
Im so thankful i went through with DeHoyos Law firm, i was in a horrible car accident almost a year ago, never have i... been in something like this. thankfully to DeHoyos everything came out perfect! more than what i expected would, i also thought cases like this wasn't anything but with them my case was well taken cared of, put all his attention into it and made sure i was taken care of the right way.read more
23:05 14 May 21
After my hit and run I was referred to Mr. DeHoyos, and at first I didn't want to hire a lawyer to go up against my own... insurance. After some family convincing and research on Mr. DeHoyos I made the call. I am glad that I did. His office staff and himself were wonderful. They took care of everything from the start. Any time I had a question either his staff or himself reached out to me. I never had to wait long to have any questions answered. At one point there was an issue with an appointment and Mr. DeHoyos tried to rectify the problem himself. When I had the pleasure of speaking with him, he never made it sound like I was an inconvenience to him. They kept me well informed of the next step in the process as we went along. In the end I got more than I expected in my pocket! I can't thank him or his office staff enough for everything they did for me. In one of the worst times I've had his staff and himself were there for me.read more
S t
S t
17:03 07 May 21
I am extremely grateful for this firm's tireless pursuit for justice in my case. They were responsive to all of my... questions and concerns. They provided updates in a timely fashion and I always knew the next step in the process. This firm really takes the time to hear your story and ensure that you receive justice for injuries forced upon you due to the carelessness of someone else. I highly recommend this firm for anyone who has been hurt in an accident. They are definitely different than other personal injury firms.read more
Greg Adams
Greg Adams
16:13 09 Apr 21
Very professional and excellent at letting me know what to expect. Ryan helped me when no one else would and the... insurance company was trying to take advantage of me. I highly recommend Ryan and his team.read more
Jerimy Robinson
Jerimy Robinson
19:13 02 Apr 21
Ryan and his staff were very professional and personable. They resolved my accident case to the best possible outcome.... Would highly recommend.read more
david walker
david walker
19:54 27 Mar 21
My case was fairly simple, but made even easier to deal with by the fact that everything was taken care of over the... phone and through text.This was a huge help considering I live 45 minutes away from his office, everything I wanted out of the case was achieved as then some.Cannot recommend this firm more!read more
Sonia Castro
Sonia Castro
15:12 26 Mar 21
Ryan and his team were very informative and responsive. They did a great job on our case. Ryan is very accessible and... easy to talk to. I would definitely recommend DeHoyos Law if you are injured in a car wreck. These guys set a new standard for accident lawyers.read more
Sanetra Jones
Sanetra Jones
03:37 09 Jan 21
I NEVER NEVER feel compelled to write a review on services or products I buy. So, if you've ever wondered if these... Google reviews are accurate, I can tell you from my experience with Attorney DeHoyos they are. He will fight to make sure you receive everything you deserve. He and his staff are fast and friendly. They keep you up to date on your case with calls and emails. In a field of horses/attorneys, his office is the unicorn! Call him, you won't regret it.read more
L. Minor
L. Minor
15:53 01 Jan 21
My experience with DeHoyos Law firm was a great one. Ryan was already highly recommended by a family member. Sure... enough, this law firm delivered again. Ryan was good to us, and made himself available to us whenever we had any questions. I felt very comfortable with him handling my case. He always kept me in the loop and made sure I understood everything that was going on. His staff is remarkable. Ms Ashley is such a beautiful person. To DeHoyos law firm and staff, Thank you very much for this experience. Hope this year brings you love, joy, and prosperity.read more
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