Car Accident Statute of Limitations in Katy

People who are injured in an auto accident can file suit for damages they sustained, but they cannot wait as long as they like to file. They must file within the applicable statute of limitations. Due to the sensitive nature of this task, it is important to work with a trustworthy car accident lawyer who can keep track of all deadlines.

While you have time to prepare your claim, you must be aware of the ticking clock. Call us to discuss the car accident statute of limitations in Katy.

What is the Statute of Limitations in a Car Accident Case?

The statute of limitations refers to the period of time a person has to file their lawsuit and preserve their right to move forward with a claim.

In Katy, TX, the statute of limitations is two years from the date of the car crash, but people should understand they not only have to have the lawsuit filed, they have to request issuance of the citation to serve on the defendant and diligently attempt to serve them the suit. If they just get the citation and do nothing beyond that, and the court determines they were not diligently attempting to serve the citation, the statute will expire and their claim cannot continue.

Is the Statute Different Based on the Situation?

There are different statutes of limitations for different areas of the law, but typically a car wreck falls under personal injury, which is two years. There are different kinds of cases like a breach of contract, which could be involved in a car wreck. If someone had a claim on the underinsured motorist portion of their own policy, they might be making a contract claim due to their insurance company not paying them under the contract they purchased. It would be a four-year statute of limitations on the breach of contract.

The statute is stalled or put on hold for injured minors up until the age of 18, at which point the two-year statute begins to run. If they have a certain disability, it is also put on hold for them.

Statute Deadline

The car accident case in Katy must be initiated in the court system before the statute of limitations expires. But once it is filed and properly served, it will likely be active in litigation long past the statute deadline. The statute of limitations only affects the deadline to file suit, it has no bearing on when litigation must end. If the plaintiff does not get the case filed within the statute of limitations, they will not be able to collect their damages, because they are barred from moving forward with their case.

Finding Legal Counsel

If a plaintiff waits to file a claim until the statute is almost up, they may not be able to get an attorney to take their case. In our office, once the case has gone on for about a year, we will go ahead and file it. While someone can diligently attempt to serve the lawsuit after the two-year statute of limitations, that is a hornet’s nest in the court system. If the defendant has not been served notice after two years, the plaintiff will have to prove that they are diligently attempting to do so. The court may decide that nothing was being done to serve the lawsuit and they could declare the statute expired. Injured parties do not want to be in a situation where their case could get thrown out for failing to use diligence and serving the defendants.

A smart and competent attorney will want to file the case well before the statute deadline so there is plenty of time to get it served, even if there was a lapse in the diligence of service to process.

Work With a Katy Attorney Before the Statute of Limitations Expires on Your Car Accident Claim

If you plan on seeking compensation from a negligent party after your vehicle collision, you need to be aware of the deadline to file. The car accident statute of limitations for drivers in Katy is just two years if they are targeting the other driver or liable party. Please reach out to Schechter, Shaffer & Harris to discuss your case and learn when your deadline is.