The statute of limitations is especially relevant to car accident cases since victims usually first try to resolve the matter with insurance companies. However, going into negotiations with insurance companies does not put the statute of limitations on hold.
What Is a Statute of Limitations?
A statute of limitations is a legal restriction in filing lawsuits. It is the period of time that a victim of a case may file suit. Once this period of time passes, the victim may not file and the alleged wrong-doer is free. It is created to enforce timely filing of lawsuits, and to balance the fairness factor to the alleged wrong-doers.
Personal Injury Cases
Under Texas Civil Practice and Remedies Code Section 16.003, any personal injury lawsuit must be filed within two years from the date of the accident. In other words, victims of a car accident must file within two years of the accident. Victims include anyone who was injured during a car accident – drivers, riders, bystanders, and pedestrians. There are no exceptions to a longer filing period unless someone dies.
Wrongful Death Cases
There may be an extended period to file a lawsuit for family members or representatives of victim who dies as a result of a car accident. The statute of limitations for wrongful death cases is still two years, but it starts on the day of death. Remember, the statute of limitation for injury starts to run on the day of the accident.
Consulting an Attorney
If you are involved in a car accident, please consult a Texas personal injury attorney. He can guide you through the process, and tell you your rights. Even so, a lawyer can help you negotiate your settlement with insurance companies.