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How Long Do I Have to File a Lawsuit After a Car Accident?

How Long Do I Have to File a Lawsuit After a Car Accident
In Texas, you will have two years from the date of the accident to file a lawsuit. If you fail to file a lawsuit within this time frame, your case may be dismissed from court, preventing you from pursuing compensation in the future. Consulting an experienced car accident lawyer can ensure you file your lawsuit correctly and within the statute of limitations.

What Factors Could Extend the Statute of Limitations?

In some cases, the statute of limitations may be extended, such as:

The Plaintiff Has a Legal Disability

Section 16.001 of the Civil Practice and Remedies Code. If the plaintiff is not of sound mind or they are under the age of 18, the statute of limitations does not begin until the plaintiff is mentally competent or reaches the age of majority.

Section 16.063 Civil Practice and Remedies Code. If the defendant leaves Texas within two years following the accident, their absence isn’t included in the two-year time frame.

When Should I Notify My Insurance Company About the Car Crash?

You should notify your auto insurance provider as soon as possible following a car crash. Failure to do so can result in the loss of coverage or higher interest rates. Most insurance companies will require their policyholders to notify them of a collision within a certain time frame, such as 48-72 hours. This information should be listed in the policy.

How Can I Strengthen My Car Accident Claim?

To strengthen your car accident claim, one of the best moves you can make is scheduling a free legal consultation with a car accident lawyer. An attorney will know how to investigate a complex auto collision, what evidence is needed, and can ensure you recover every penny of compensation you’re owed.

They can also:

  • Consult with experts to determine the cause of the collision
  • Identify liable parties
  • Accurately value your claim
  • Handle all interactions with the insurance company to prevent the claims adjuster from pressuring you into accepting a lower settlement than what you deserve.

Before you meet with your car accident lawyer, the following steps can help you strengthen your claim:

  • Take photos of the accident scene, your injuries, and vehicle damage
  • Obtain witness contact information
  • Obtain a copy of the accident report
  • Write down accident details, such as what the driver did and said, weather and road conditions, note any skid marks in the road or anything that could have caused or contributed to your accident
  • Seek medical treatment as soon as possible after the accident and keep all documentation. Make it to every doctor’s appointment and follow your doctor’s treatment instructions closely.
  • Get vehicle repair estimates
  • If you’re unable to work due to your injuries, obtain documentation from your doctor and employer
  • Save all correspondence from the other driver’s insurance provider
  • Avoid providing the other driver’s insurance provider with a recorded statement until you have spoken with a car accident attorney
  • Do not post about your accident on social media


Ben Dominguez


Ben Dominguez, a seasoned attorney based in Houston, offers exceptional legal guidance and representation. With 27 years of experience, Ben has a strong track record of litigating high-profile cases, securing damages for clients, and achieving not-guilty verdicts in serious criminal charges. His expertise extends beyond the courtroom; he has spoken before Texas legislative committees, contributed to political campaigns, and engaged with national media. Located a block from the Museum of Fine Arts, his law firm embodies a commitment to justice, demonstrating a work ethic and personalized approach that are key to successful legal outcomes. Ben’s dedication to respect and understanding for all clients sets him apart in the legal field.  Learn More

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If you were involved in an accident that was caused by the negligence of another person or entity, the personal injury lawyers at the Ben Dominguez Law Firm are here to help.

Let our legal team handle every aspect of your case, so you can focus on what matters most, your health and moving on with your life. Contact us today to learn more.