What is the statute of limitations as it relates to car accidents?
A statute of limitations is the period of time you have to file a claim. In the case of filing suit for an injury claim in Texas, the statute of limitations is two years from the date of injury.
The existence of the statute of limitations is important in that setting a time limit allows for the preservation of evidence, lessening the chances of documents and material evidence going missing. In terms of witness accounts, memory of events and even locating witnesses is enhanced when less time has elapsed.
Some may question the reasoning behind allowing someone to bring suit at the two year mark and cite that as an excessive period of time. It happens that some injuries don’t present symptoms immediately. Additionally, it is not always immediately evident the extent of necessary therapies needed to restore a victim to some semblance of normalcy.
In Texas car accident cases, there are usually three types of claims; personal injury, property damage and wrongful death. Each carries a two year statute of limitations. If you fail to file suit within the two year time frame, the court will likely not accept your suit.