Call for a Free Consultation 361-882-8822
English   Spanish
The Burkett Law Firm Blog

Injury Claims & Texas Statute Of Limitations

deadline for texas statute of limitations
Our Corpus Christi personal injury attorneys explain how the Texas statute of limitations can affect your claim for compensation.

Were you or a loved one injured in the state of Texas? Do you believe that another party — such as a negligent driver — was responsible for the accident and injuries? Are you wondering how much time you have to file a personal injury claim? In Texas, just the same as other states, there is a statute of limitations on motor vehicle accident cases.

In other words, you have a predetermined period of time to file an injury claim. Should that time pass without you doing so, you may be unable to take legal action to recover compensation for your damages.

In Texas, you have two years from the date of the accident to file a lawsuit. While that sounds like a long time, it can fly by as you receive treatment for your injuries and get used to your post-accident life. Rather than wait until the last minute, it’s best to contact an experienced injury lawyer in Corpus Christi to help you file a lawsuit as quickly as your injuries allow.

Statute of limitations for an accident involving a government entity

The Texas statute of limitations change a bit if a government entity is involved in your accident. For example, if you’re struck by a city bus at an intersection, this may classify as an accident with a government entity. 

There are two things you need to know in this situation:

  1. You only have six months to provide notice of your claim;
  2. You must give the municipality or state a chance to respond to your allegations. 

 

As you can see, you don’t have nearly as much time if your accident involves a government entity. Keep this in mind as you’re planning your next steps after a Texas car crash and remember to make contacting an injury attorney a top priority as your health allows.

Statute of limitations if a car accident results in death

A Texas wrongful death claim is similar to a conventional motor vehicle accident claim. The main difference is that you have two years from the victim’s death to file a claim. This is in contrast to two years from the date of the accident. So, if a loved one passes away after an accident caused by another’s negligent or reckless actions, don’t wait more than two years to consult with an experienced injury attorney near Corpus Christi, TX.

How long after a Texas car accident can you claim injury?

accident victim experiencing back injury
Some car accident injuries can have delayed symptoms that take time to appear so our Corpus Christi injury attorneys recommend seeking immediate medical attention.

This depends largely on the type of injuries you suffer after the accident. For example, if the injury is clear — such as a broken neck or severe burns — you don’t have to wait. However, should you find yourself dealing with delayed injuries — such as head trauma — you’re not in a position to take immediate legal action.

To protect against this, consult with a doctor immediately following the accident and at any point in which you begin to experience symptoms. While you may not be able to feel or see the full extent of a delayed injury, your doctor can run tests for a more comprehensive diagnosis that you can use to strengthen your injury claim.

Can you get an extension on the Texas statute of limitations?

While the answer is generally no, there are times when an extension may be granted. These often include:

  • If a minor is involved in the accident
  • Legal insanity
  • Incapacitation
  • If the victim resides in another state

 

Also, there are times when the state may decide to extend the statute of limitations, such as in the event of an emergency. For example, the state of Texas statute of limitations was extended during the COVID-19 pandemic.

Other frequently asked questions (FAQs) about Texas injury claims

If you have any questions about a Texas personal injury claim and/or statute of limitations, it’s best to consult with a knowledgeable injury attorney in Corpus Christi. Here are some of the most common questions we receive during our free consultations:

  • Is there anything you can do if the Texas statute of limitations has expired?
  • Is it better to file a claim immediately after a motor vehicle accident or to wait to better understand injuries, treatment, and related costs?
  • Do pedestrian accidents have the same statute of limitations as traditional car crashes?
  • What are the most common reasons that an extension is granted?
  • Is it more difficult to obtain compensation when a government entity is involved?

 

If you or a loved one was injured in a motor vehicle accident, your health is your top priority. However, once you’re able to take action, you should consult with a skilled team of Corpus Christi personal injury lawyers that can help you file a claim quickly and negotiate with the negligent party for a fair settlement to cover your damages.

Don't wait until it's too late to file an injury claim in Texas

Since 1960, the injury attorneys at The Burkett Law Firm in Corpus Christi have been representing injured victims like you in a variety of accident claims. Every case is personal and we do everything we can to help ensure you receive full and fair compensation for all your damages. Don’t wait until it’s too late to file an injury claim in Texas – reach out today to learn more about your available options and next steps. Contact us online or give us a call at 361-882-8822 to schedule a free consultation.

What to read next: