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How Long After a Car Accident Can You Claim Injury in Texas?

If you’ve been injured in a car accident in Texas, your top priority should be recovering. Afterward, you might focus on returning to work, repairing your vehicle, or adjusting to changes in your daily life. As medical bills pile up and your quality of life or employment situation shifts, you may wonder: How long do you have to file an injury claim after a car accident in Texas?

Filing a personal injury claim can help you recover damages such as medical expenses, lost wages, and vehicle repair costs. In some cases involving negligence, such as drunk driving or hit-and-run accidents, you may also be eligible for punitive damages.

What Is a Car Accident Injury Claim?

A car accident injury claim—also called a personal injury claim—allows you to seek compensation for the damages caused by the accident. These damages can include:

  • Medical expenses (both immediate and long-term treatment costs)

  • Lost wages (from missed work due to injury)

  • Vehicle repairs or replacement

  • Pain and suffering

The process typically begins with filing a claim with the at-fault driver’s insurance company. In certain situations, such as a hit-and-run or accidents involving uninsured drivers, your own auto insurance may step in to cover damages. If a fair resolution cannot be reached through negotiation, you may choose to file a lawsuit.

How Long Do You Have to File an Injury Claim in Texas?

In Texas, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This means you generally have up to two years to file a lawsuit seeking compensation for your injuries.

Failing to file within this two-year period could result in losing your right to pursue legal action. However, some exceptions may extend or shorten this timeframe, such as:

  • Injuries discovered later: The clock may start when the injury is discovered, not when the accident occurred.

  • Claims involving minors: If the injured person is under 18, the statute of limitations may begin when they turn 18.

  • Government claims: If your accident involves a government vehicle or entity, additional notice requirements may apply, and deadlines may be shorter.

It’s best to consult a personal injury attorney as soon as possible to ensure you meet all deadlines and protect your rights.

When Should You File a Claim?

The best time to file a claim depends on the nature and extent of your injuries:

  • Minor to Moderate Injuries: Filing promptly is recommended. Delays can make it harder to prove the connection between your injuries and the accident.

  • Severe or Long-Term Injuries: Waiting for a clear prognosis from a doctor ensures you claim adequate compensation for ongoing and future medical needs.

Steps to File a Car Accident Injury Claim in Texas

Step 1: Gather Evidence

  • Collect the other driver’s details, witness contacts, and photos of the accident scene.

  • File a police report, especially if the damage is significant or if the other driver flees.

Step 2: Seek Medical Attention

  • Visit a doctor immediately, even if you don’t feel injured. Many injuries, like whiplash or internal injuries, may not appear right away. Medical records will support your claim.

Step 3: Consult a Texas Personal Injury Attorney

  • Before speaking to insurance companies, consult an attorney. They can guide you through the process, protect your rights, and prevent you from accepting a low settlement.

Step 4: Contact Insurance Companies

  • Notify your insurance company and the at-fault driver’s insurer. An attorney can handle this communication to avoid undervalued settlements.

Step 5: Negotiate or File a Lawsuit

  • If you cannot reach a fair settlement with the insurance company, your attorney can file a lawsuit on your behalf. Remember, you must do this within Texas’s two-year statute of limitations.

Why Consulting an Attorney Matters in Texas

Texas follows a modified comparative fault rule, meaning your compensation may be reduced if you are found partially at fault for the accident. If you are more than 50% at fault, you may be barred from recovering any damages. An experienced attorney can help you navigate these laws and build a strong case.

By acting promptly and following the steps outlined above, you can protect your rights and pursue the compensation you deserve under Texas law.