Personal Injury Lawyers — When is a Statute of Limitations Tolled in Texas?

Instances in Which the Statute of Limitations in Texas May Be Extended or Tolled

If you or a loved one has been injured in a car accident in Dallas caused by a negligent or reckless driver, you may have come across the terms “statute of limitations” and “tolled” and want to understand how they apply to your situation. These are critically important legal concepts that can determine whether you still have the right to file a lawsuit and recover compensation for your injuries. The best way to get a definitive answer is to contact our experienced car accident attorneys for a detailed analysis of the facts of your case. Our attorneys have more than 34 years of experience representing injured car accident victims across Texas, and we can tell you exactly how the statute of limitations applies to your claim — including whether it has been tolled.

What is a Statute of Limitations and How Does it Apply to Texas Car Accident Cases?

The Texas Legislature has established laws called statutes of limitations that limit the time during which a personal injury victim can file a lawsuit against the party responsible for their injuries. These laws apply to claims for property damage and personal injuries alike. Specifically, Texas car accident victims generally have two years from the date of the accident to file a lawsuit in civil court.

The Texas Legislature established statutes of limitations with two goals in mind. First, they promote efficiency in the legal system by encouraging timely resolution of disputes. Second, they help ensure that the evidence needed to litigate a case is not lost or inadvertently destroyed over time. Physical evidence degrades, witnesses’ memories fade, and documents can be misplaced. The deadline creates an incentive for injured parties to act promptly and for the legal process to move forward while the facts are still fresh.

If you miss the statute of limitations deadline, the consequences are severe. The court will almost certainly dismiss your lawsuit, and you will lose your right to seek compensation for your injuries permanently — regardless of how strong your case might have been. This is why it is essential to consult with an experienced Texas car accident attorney as soon as possible after a crash.

Limitations May Be Tolled if Your Injuries Were Not Discovered Until a Later Time

One of the most common situations in which the statute of limitations may be extended involves injuries that were not immediately apparent after the accident. Not all car accident injuries manifest right away. Some conditions — particularly those involving the spine, brain, or internal organs — may not produce obvious symptoms for days, weeks, or even months after the crash. If the two-year clock began running on the date of the accident and you did not discover your injury until well after that date, you might assume your window to file has already closed.

Texas law provides a potential remedy for this situation through a doctrine known as the discovery rule. Under the discovery rule, the statute of limitations calculation may be delayed — or tolled — until the injury victim knew or reasonably should have known about the injury. This means that if your injury was not discoverable through the exercise of reasonable diligence until a later date, the two-year clock may not start running until that point.

As you might expect, the defendant and their auto insurance carrier will likely be skeptical of recently discovered injuries and will do everything in their power to defeat your case. They may argue that your injuries were caused by something unrelated to the accident, or that you should have discovered the injury sooner. For that reason, you need tough and experienced car accident attorneys who know how to document and prove when your injury was first discoverable and why the discovery rule applies to your claim. Our legal team will fight hard on your behalf to ensure that a delayed discovery does not cost you the compensation you deserve.

Limitations May Be Tolled for Minor or Incapacitated Victims

Texas law also recognizes that certain victims are not in a position to file a lawsuit on their own due to their age or mental condition. In these situations, the statute of limitations may be tolled for a limited period until the legal disability is removed.

One of the most common examples involves minor victims. If you were injured in a car accident before you turned 18 years old, the two-year statute of limitations does not begin running until your 18th birthday. As a result, an injured child generally has until their 20th birthday to file a lawsuit for injuries sustained in a car accident that occurred while they were a minor. This protection ensures that children are not penalized simply because they lacked the legal capacity to pursue a claim on their own.

Similarly, if a car accident victim was left mentally incapacitated by their injuries, the statute of limitations may be tolled during the period of incapacity. Once the victim regains the mental ability necessary to participate in legal proceedings, the clock begins to run. The specific rules governing these situations can be complex, and the application depends heavily on the particular facts involved. Consulting with an experienced attorney is the only reliable way to determine whether a tolling provision applies to your case.

Why You Need an Attorney to Determine How the Statute of Limitations Applies to Your Case

If you have been injured in a car accident, it is essential that you contact an experienced car wreck attorney to make sure you are not prevented from recovering for your injuries by a missed deadline. The driver responsible for your injuries and their insurance carrier will likely argue that the statute of limitations has expired and should not be tolled. They have experienced defense attorneys working on their behalf from the moment the accident occurs.

To counter those tactics effectively, you need our experienced car accident lawyers in your corner. We will analyze the specific facts and timeline of your case, identify any applicable tolling provisions, and take every step necessary to protect your right to file a claim. Our attorneys are available around the clock to provide a free consultation and answer your questions about how the statute of limitations applies to your situation. More information is also available on this website. Do not wait — the sooner you reach out, the better protected your rights will be.