A report states thata car accident occurs every 70 seconds in Texas and a person is injured in a car accident in every two minutes and eight seconds. These figures highlight the number of accidents that happen in Texas, and out of this 80 % of accidents involving injuries are reported to the police and is brought to the notice of the law by the people who are not at fault to claim their insurances and get money for the injuries they suffered.
However, to collect the compensation for the injuries and damages, accident victims must make sure that they take necessary actions within a specified time period. This time period differs from state to state and the statute of limitations dictates the period that the victims have to file the lawsuit. If you need to file a lawsuit for your car accident then you must abide by the statute of limitation or else your lawsuit is rejected.
Here is what the car accident statute of limitations in texas states:
Time period to file a lawsuit
The Texas statute of limitation for filing lawsuits is two years, if you file your lawsuit after the allowed two years, then it becomes void and not accepted. To explain this stature, If you’re involved in an accident with no fault of yours on May 18th, 2017, then you’ll be needed to file your lawsuit before May 18th, 2019.
Extension of the statute of limitations
There are specific circumstances that may lead to the extension of the statute of limitations. The law lays out that if the victim of the accident is a minor or of unsound mind then the limitations period doesn’tstart until the victim reaches the age of 18 or come to sound mind. There is another circumstance as well that may lead to anextension that is known as the discovery rule.
This rule states that if the victim was unaware of the injuries sustained during the accident then the limitation period for the victim starts after the discovery of the injury. Same is the case with the damage of the vehicle. The stature limitations start after the discovery of the defect in the vehicle.
Meeting the statute of limitations
General publicfinds it very difficult to get around the statute of limitations, this is why it’s recommended that you take the help of a car accident lawyer to discuss the issue. The lawyer will give youideas about whether your claims meet the requirements to extend or not.
This is why it’s important that you start acting as soon as possible after the accident. You can hire an attorney after the accident, it will not only help you understand the limitations but also will help you in your insurance claims.