Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in Personal Injury Claims-Car Accident Cases, focusing on securing maximum compensation for clients that reflects the full extent of their medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, 18-wheeler accidents.
Why choose them? Carabin Shaw offers a free initial consultation, and its team is known for aggressively fighting for its clients’ rights.
 

Austin Car Accident Attorneys: Our Lawyers Explain the Two-Year Statute of Limitations

Austin car accident attorneys at Carabin Shaw must work within strict deadlines that govern personal injury claims in Texas. The two-year statute of limitations represents the most critical deadline—miss it, and you lose your right to sue the at-fault driver regardless of how strong your case might be. Our Austin car accident attorneys track these deadlines carefully for every client because Texas courts show no mercy to late-filed lawsuits. When Austin car accident attorneys explain statute of limitations rules to clients, we emphasize that this isn’t a target date for settlement—it’s an absolute deadline for filing a lawsuit. Many people misunderstand this timeline, thinking they have two years to settle their case when they actually have two years to file suit. Austin car accident attorneys know the difference, and that knowledge protects your legal rights. More information about our “Car Accident Lawyer Corpus Christi” here

Texas Civil Practice and Remedies Code Section 16.003 establishes the two-year deadline for personal injury lawsuits. According to the Texas Legislature, this statute bars any lawsuit filed more than two years after the date of injury. Courts interpret this deadline strictly. Even filing one day late results in dismissal, regardless of the strength of your evidence or the severity of your injuries. The clock starts ticking the moment your accident occurs, not when you discover your injuries or when you decide to hire an attorney.

Insurance companies know about the statute of limitations and use it strategically. They’ll delay settlement negotiations, request excessive documentation, and drag out the claims process hoping you’ll miss the deadline. Once the two-year mark passes, your leverage disappears completely. The insurance company can refuse any settlement because you’ve lost your ability to sue. This is exactly why hiring legal representation early in the process matters—we file suit before deadlines expire, preserving your right to compensation regardless of how settlement negotiations proceed.

When the Clock Starts Ticking

The statute of limitations generally begins on the accident date. If you were injured on March 15, 2023, you must file your lawsuit by March 15, 2025. This rule applies straightforwardly to most car accident cases where the injury occurs at the moment of impact. However, some situations create exceptions that extend or modify this deadline.

The discovery rule applies when injuries aren’t immediately apparent. Some medical conditions—particularly internal injuries, spinal damage, or traumatic brain injuries—might not manifest symptoms for days or weeks after an accident. Texas courts have held that in these limited circumstances, the statute of limitations begins when you discover or reasonably should have discovered the injury. However, this exception is narrow, and courts scrutinize these claims carefully. You can’t claim late discovery simply because you didn’t realize the full extent of your injuries.

Minors receive special protection under Texas law. If someone under 18 years old is injured in a car accident, the statute of limitations doesn’t begin until they turn 18. This means a 16-year-old injured in 2023 would have until their 20th birthday to file suit. This extended deadline recognizes that minors can’t file lawsuits on their own behalf and might not have parents who pursue claims promptly.

Different Deadlines for Different Claims

While personal injury claims carry a two-year deadline, other types of claims arising from car accidents have different time limits. Property damage claims—for vehicle repairs or total loss—also have a two-year statute of limitations under Texas law. These claims can be filed separately or together with injury claims, but both must be filed within their respective deadlines.

Wrongful death claims operate under a different statute. Texas Civil Practice and Remedies Code Section 16.003 provides a two-year deadline for wrongful death lawsuits, but this deadline runs from the date of death, not the date of the accident. If someone survives a car accident for weeks or months before dying from their injuries, the wrongful death statute of limitations begins on the death date. This distinction matters significantly in cases where accident victims initially survive but later succumb to their injuries.

Claims against government entities face much shorter deadlines. If your accident involved a city vehicle, county employee, or other government entity, you must provide notice of your claim within six months under the Texas Tort Claims Act. This notice requirement is separate from and in addition to the lawsuit filing deadline. Missing the six-month notice deadline can bar your claim entirely, even if the two-year statute of limitations hasn’t expired.

Why We File Suit Early

Our practice is to file lawsuits well before the statute of limitations expires. We don’t wait until the deadline approaches to take action. Filing suit early provides multiple strategic advantages. It forces the insurance company to engage seriously with your claim rather than delaying indefinitely. It allows us to begin formal discovery, obtaining evidence through subpoenas, depositions, and interrogatories. It demonstrates to the insurance company that we’re prepared to take your case to trial if they refuse to offer fair compensation.

The State Bar of Texas reports that cases with early lawsuit filings typically settle for higher amounts than cases where attorneys wait until deadlines approach. Insurance companies view early lawsuit filings as evidence of serious representation and case preparation. This perception translates into better settlement offers and faster resolutions.

Filing suit doesn’t mean your case will definitely go to trial. Most lawsuits settle through negotiation even after filing. However, the lawsuit creates a timeline that moves your case toward resolution. Discovery deadlines, pretrial conferences, and trial settings push both sides toward settlement. Without a filed lawsuit, your case can languish in the insurance company’s system indefinitely with no pressure to resolve.

Tolling the Statute of Limitations

Certain circumstances can pause or “toll” the statute of limitations. If the defendant leaves Texas after the accident but before you file suit, the time they’re absent doesn’t count toward the two-year deadline. This prevents defendants from running out the clock by simply leaving the state. Similarly, if the defendant dies, the statute of limitations is tolled until their estate representative is appointed.

Military service can toll the statute of limitations under federal law. The Servicemembers Civil Relief Act protects active duty military personnel by tolling statutes of limitations for the period of their service plus 90 days. This protection ensures that servicemembers’ legal rights aren’t compromised by their military obligations.

Mental incapacity can toll the statute of limitations in limited circumstances. If an accident victim becomes legally incapacitated and has no guardian to file suit on their behalf, the deadline might be tolled until a guardian is appointed. However, this exception is narrow and requires formal legal findings of incapacity.

What Happens When Deadlines Pass

Missing the statute of limitations has catastrophic consequences for your case. Once the deadline passes, the defendant can file a motion to dismiss based on the expired statute of limitations. Courts grant these motions as a matter of law—they don’t consider the merits of your case or how badly you were injured. The case is over before it begins, and you’re left with no legal recourse against the at-fault driver.

Insurance companies know when statutes of limitations expire on pending claims. They track these dates carefully. Once your deadline passes without a filed lawsuit, settlement offers disappear. The insurance company has no reason to pay you anything because you can no longer sue their policyholder. Any leverage you had evaporates instantly. We’ve seen insurance companies string claimants along with settlement discussions right up until the statute of limitations expires, then refuse all further negotiations. Don’t let this happen to you.

Other Important Deadlines in Car Accident Cases

The statute of limitations isn’t the only important deadline in car accident cases. Texas law requires you to report accidents to police if they result in injury, death, or property damage exceeding $1,000. This report should be filed within 10 days of the accident. While missing this deadline doesn’t bar your lawsuit, it can create evidentiary problems and give insurance companies arguments that you didn’t take the accident seriously.

Your insurance policy likely requires prompt notice of accidents. Most policies mandate reporting accidents within days or weeks of their occurrence. While courts generally don’t enforce these deadlines strictly against policyholders, timely reporting avoids disputes with your own insurance company over coverage issues.

Protect Your Rights by Acting Now

Time matters more in car accident cases than in almost any other area of law. Evidence disappears, witnesses forget details, and deadlines expire. The sooner you hire legal representation, the better we can protect your rights and build your case. Don’t assume you have plenty of time to decide whether to pursue a claim. Two years sounds like a long time, but complex injury cases require extensive investigation, expert consultation, and careful preparation. These tasks take months, not weeks.

If you’ve been injured in a car accident, call us at Carabin Shaw today at 1-800-862-1260 for a free consultation. We’ll evaluate your case, explain the specific deadlines that apply to your situation, and take immediate action to preserve your legal rights. Don’t let the statute of limitations destroy your chance for fair compensation. Contact us now while we still have time to build the strongest possible case on your behalf.