When a person is involved in a motor vehicle collision, one common question that comes to mind is how long an individual has to file a lawsuit–or the Statute of Limitations. On the surface, one can look up Texas Civil Practice & Remedies Code section 16.003 to find out that Texas has a 2-year limit to file a lawsuit regarding simple negligence. However, like most areas of law, it depends.
If the injury involves a written contract, such as underinsured motorist claims, a 4-year statute of limitations could apply. On the other hand, in an incident involving a municipality, or governmental entity, the injured individual is required to submit a Notice of Claims to the entity that caused the injury within 6 months of the incident (Texas Tort Claims Act Section 101.101.)
Of course, there are exceptions to this rule, such as the general rule of discovery.
When in doubt, it is always best to contact an attorney. With the Gold Standard at McKay Law, our attorneys have the expertise to properly navigate the Statute of Limitations. For a consultation, call (903) 999-2653.
