If you’ve been injured in a car accident in Texas, you may be wondering how long you have to file a lawsuit to seek compensation for your injuries, medical bills, lost wages, or other damages. The time limit for filing a car accident lawsuit is governed by Texas law, specifically the statute of limitations, which sets a deadline for taking legal action. Understanding this deadline is critical to protecting your rights and ensuring you don’t lose the opportunity to pursue justice. At Joe Lopez Law, we’re here to guide you through this process and help you act within the required timeframe.
The Statute of Limitations for Car Accident Lawsuits in Texas
In Texas, the statute of limitations for most car accident lawsuits is two years from the date of the accident. This applies to personal injury claims, such as those involving physical injuries, emotional distress, or pain and suffering caused by the accident. For example, if you were injured in a car accident on May 14, 2025, you generally have until May 14, 2027, to file a lawsuit against the at-fault party.
If the car accident resulted in property damage, such as damage to your vehicle, the statute of limitations for filing a lawsuit to recover repair or replacement costs is also two years from the date of the accident. Missing this deadline typically means you forfeit your right to sue, leaving you without legal recourse to recover compensation.
Exceptions to the Two-Year Rule
While the two-year statute of limitations applies to most car accident cases, there are exceptions that may extend or shorten this period:
- Minors Involved in the Accident: If the injured party is a minor (under 18 years old) at the time of the accident, the statute of limitations is “tolled” (paused) until they turn 18. This means they have until their 20th birthday to file a lawsuit.
- Wrongful Death Claims: If a car accident results in a fatality, the family or estate of the deceased has two years from the date of death to file a wrongful death lawsuit. Note that the date of death may differ from the date of the accident if the victim passes away later due to injuries sustained.
- Government Entities Involved: If the at-fault party is a government entity or employee, such as a city bus driver, you may need to file a notice of claim within a much shorter period—sometimes as little as six months—before pursuing a lawsuit. These cases are complex and require strict adherence to procedural rules.
- Discovery Rule: In rare cases, if the injury was not immediately apparent (e.g., internal injuries discovered months later), the statute of limitations may start from the date the injury was discovered or reasonably should have been discovered. However, this exception is narrowly applied and requires strong evidence.
Why Acting Quickly Matters
Even though you may have two years to file a lawsuit, waiting too long can harm your case. Evidence, such as witness statements, police reports, or surveillance footage, may become harder to obtain over time. Witnesses may forget details, and physical evidence, like skid marks or vehicle damage, may disappear. Additionally, insurance companies often move quickly to settle claims, and delaying action could weaken your negotiating position.
At Joe Lopez Law, we recommend consulting an experienced car accident attorney as soon as possible after an accident. An attorney can help preserve evidence, negotiate with insurance companies, and ensure all deadlines are met. Missing the statute of limitations can bar you from recovering compensation, even if your case is strong.
Contact Joe Lopez Law for Help
If you or a loved one has been injured in a car accident in Texas, don’t wait to seek legal advice. The two-year statute of limitations is a strict deadline, and exceptions are limited. At Joe Lopez Law, our dedicated team is here to evaluate your case, explain your rights, and fight for the compensation you deserve. Contact us today for a free consultation to discuss your car accident claim and take the first step toward justice.
