• Feb 08, 2024|
  • Posted by: Michael Francis|
  • Read Time: 6 minutes

Car accidents can be traumatic and life-altering events, leaving victims with physical injuries, emotional distress, and financial burdens. After a collision, many individuals wonder about their legal rights and the timeline for pursuing compensation for their medical bills and other damages through a personal injury lawsuit.

If you or a loved one suffered injuries in a car accident and are contemplating legal action, you may be asking yourself, "How long after a car accident can I sue?" Contact Texas car accident lawyer immediately for legal assistance. In this blog post, we will explore the various factors that influence the timing of a personal injury lawsuit and provide essential information to help you make informed decisions.

Do I Have a Car Accident Case?

How Long After a Car Accident Can I Sue

In a car accident case, to establish negligence and be successful in a personal injury lawsuit, the plaintiff (the injured party) typically needs to prove four key elements. These elements are the foundation of a negligence claim and demonstrate that the defendant (the at-fault party) failed to exercise reasonable care, which directly led to the plaintiff's injuries. The four elements of negligence are as follows:

  • Duty of Care: The first element is to establish that the defendant owed a duty of care to the plaintiff. In the context of a car accident, this duty of care is implied and stems from the principle that all drivers have a legal obligation to operate their vehicles in a reasonably safe and prudent manner. This means following traffic laws, obeying speed limits, signaling turns, and maintaining control of the vehicle.
  • Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care by failing to act in a reasonably safe manner. This is typically done by showing that the defendant's actions or inactions fell below the standard of care expected of a reasonably prudent person under similar circumstances. For example, if the defendant was texting while driving, speeding, or running a red light, it may be considered a breach of duty.
  • Causation: Causation is a critical element that connects the defendant's breach of duty to the plaintiff's injuries. To prove causation, the plaintiff must establish both "cause in fact" and "proximate cause."
    • Cause in fact (also known as "but-for" causation) requires demonstrating that the plaintiff's injuries would not have occurred "but for" the defendant's breach of duty. In other words, if the defendant had not acted negligently, the accident and subsequent injuries would not have happened.
    • Proximate cause involves showing that the defendant's breach of duty was a foreseeable and direct cause of the plaintiff's injuries. It requires a reasonable connection between the defendant's actions and the harm suffered by the plaintiff.
  • Damages Finally, the plaintiff must prove that they suffered actual damages as a result of the defendant's negligence. Damages can include physical injuries, medical expenses, property damage, lost wages, pain and suffering, and other losses directly related to the accident.

Establishing all four elements of negligence is crucial to a successful car accident case. If any one of these elements cannot be proven, the plaintiff's claim may not be successful. Therefore, gathering evidence, such as accident reports, witness statements, medical records, and expert testimony, is essential in building a strong case to demonstrate each element of negligence and establish liability on the part of the at-fault party. Additionally, consulting with an experienced personal injury attorney can help guide you through the legal process and ensure that your case is effectively presented in court.

Understanding the Statute of Limitations

Statute of Limitations I Car Accident

The first and most crucial factor to consider when determining how long you have to sue after a car accident is the statute of limitations in your jurisdiction. The statute of limitations is a legal time limit within which you must file a lawsuit. Failure to file within this time frame may result in your case being dismissed, and you will lose the opportunity to seek compensation for your injuries and damages.

The statute of limitations for personal injury claims, including those arising from car accidents, varies from state to state. In Texas, the statute of limitations for filing a car accident claim in civil court is two years from the date of the accident. However, some exceptions can shorten or lengthen this deadline.

Factors That Affect the Statute of Limitations

Some exceptions can affect the timeframe during which you can sue someone for a car accident:

Minors

In cases involving minors (individuals under the age of 18), the statute of limitations may be tolled (paused) until they reach the age of majority.

Mental or Physical Incapacity

If someone is deemed mentally or physically incapacitated when the accident occurs, the statute of limitations may be paused until they regain mental or physical capacity.

At-Fault Driver’s Leaves the State

In cases where the at-fault driver leaves the state of Texas after an accident, the statute of limitations may be tolled until they return to the state.

Discovery of injuries

In some instances, the statute of limitations may begin on the date of discovery of the injury rather than the date of the accident. This can be relevant in cases where injuries are not immediately apparent.

Government Entities

Accidents involving government agencies fall under a different timeframe, which is usually much shorter than the two-year statute of limitations for car accident claims against other parties. For example, claims against the State of Texas must be filed within six months of your accident.

Wrongful Death

If your loved one dies in a fatal car accident, you can file a wrongful death claim instead of a car accident case. The statute of limitations for a wrongful death lawsuit is two years from the date the decedent died.

Determining the Deadline for Your Case

To ensure you do not miss the deadline for filing a personal injury lawsuit after a car accident, you should take the following steps:

  • Consult an attorney: Seeking legal advice is crucial to understanding your rights and obligations. An experienced personal injury attorney can assess your case, inform you of the applicable statute of limitations, and help you navigate the legal process.
  • Gather evidence: Collect and preserve evidence related to the accident, including police reports, witness statements, photographs, medical records, and any other documents that may support your claim. This will be essential when you decide to move forward with a lawsuit.
  • Document your injuries: Keep detailed records of your injuries, treatments, and medical expenses. This information will be crucial in calculating the compensation you deserve.
  • Act promptly: Once you are aware of the applicable statute of limitations, do not delay in pursuing your claim. The sooner you consult with an attorney and take legal action, the better your chances of building a strong case and obtaining the compensation you need.

Why Timing Matters

Timing for Sue I Car Accident

Understanding the time limits for filing a personal injury lawsuit is crucial for several reasons:

  • Preservation of evidence: As time passes, evidence related to your accident can be lost or deteriorate. Witness memories may fade, physical evidence may be destroyed, and accident scenes may change. Acting promptly allows for the preservation of crucial evidence that can strengthen your case.
  • Negotiation and settlement: Many personal injury cases are resolved through negotiations with insurance companies before they go to trial. Having a clear understanding of the statute of limitations can help you and your attorney negotiate from a position of strength and avoid being pressured into a premature settlement.
  • Peace of mind: Knowing that you have taken the necessary steps to protect your legal rights can provide peace of mind during a challenging and often stressful time. By consulting with an attorney and initiating legal action within the required time frame, you can focus on your recovery and rehabilitation.

Contact a Lawyer to Handle Your Car Accident Lawsuit

"How long after a car accident can I sue?" is a question that many accident victims ask, and the answer varies depending on several factors, including the jurisdiction where the accident occurred, the nature of your claim, and any exceptions or special circumstances that may apply. To ensure you do not miss the opportunity to seek compensation for your injuries and damages, it is important to consult with an experienced personal injury attorney as soon as possible.

Navigating the legal process following a car accident can be complex and challenging. An experienced car accident lawyer from the Francis Firm can offer you the right guidance and a clear understanding of the statute of limitations. They can ensure your rights are protected and help you pursue the compensation you deserve.

Remember that time is of the essence, and taking prompt action is crucial to building a strong case and achieving a favorable outcome in your personal injury lawsuit. Contact the experienced personal injury lawyer at the Francis Firm to discuss your case during a free consultation.

Author Photo

Michael Francis

Michael Francis is the founding partner of the Francis Firm and Flynn & Francis, LLP and has spent more than twenty-five years litigating personal injury and commercial litigation cases throughout the state of Texas and across the country. He is Board Certified in Personal Injury by the Texas Board of Legal Specialization.

Michael focuses his legal practice on personal injury and business litigation cases, with a particular emphasis on trucking, motor vehicle and complex commercial litigation matters. Michael has more than twenty-five years of experience litigating cases throughout the State of Texas, against many of the largest corporations and insurance companies. He has secured verdicts and settlements for clients in excess of $20,000,000.