A statue of limitations is a time limit within which an injured car accident victim must sue a negligent driver. A lawsuit filed after the statute of limitations expires could lead to the dismissal of the case.
Time limits for filing personal injury lawsuits in Dallas and other parts of the state are established under Texas law. For injuries suffered in an auto accident, the two-year general personal injury limitation applies. Someone suffering personal injuries due to the negligence of a reckless driver, a drunk driver or a distracted driver must file a lawsuit within two years from the date of the accident or risk losing the right to obtain compensation from the responsible party.
If a person suffers catastrophic injuries in an accident, and dies as a result of them, the two-year personal injury statute of limitations is computed from the date of death. The period from the date of the accident until the date of death is not counted in determining the two-year limit.
The age of the person suffering injuries in a car accident could cause the statute of limitations to be longer than two years from the date of the accident. Someone who is less than 18 years of age, and who has the right to sue another person for pain and suffering, medical expenses and other compensation for injuries suffered in a car crash is a minor in the eyes of the law.
The statute of limitations when a minor is the car accident victim is computed from the date on which he or she turns 18. The special rule for minors applies even if the person is married.
The consequences for filing a lawsuit after the expiration of the time limit set by state statute can mean the loss of the right to sue. An injured victim of an auto wreck might avoid problems with the statute of limitations by consulting with an attorney as soon after the accident as possible.
