How Long Do I Have To File An Accident Claim In Houston?
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Generally, you have two years to file an accident lawsuit in Texas
- Deadlines are much shorter if you are suing a government entity
- Factors like age and incapacity can impact deadlines
If you’ve been hurt because someone else was negligent, the last thing you want to do is miss the deadline for filing a lawsuit. How long after an accident do you have to file a claim in Houston? The answer is more complex than you might think.
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Houston’s Filing Deadline for Accident Claims
In Houston (and throughout the state of Texas), you generally have two years to file an accident claim for injuries, property damage or both.
When the Time Limit Starts Running
In most cases, the time limit starts on the date of the accident. However, if your injury was not immediately noticeable, the time limit might start on the day you realized you were injured. This is known as the “discovery rule.”
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Rules for Claims Against the Government
The Texas Tort Claims Act (TTCA) is a law establishing guidelines for filing accident and injury claims against the government. As is the case in most states, Texas imposes much shorter deadlines for anyone looking to sue a government entity.
Under the TTCA, claims against the Texas state government must be filed within six months of the accident. However, local governments are allowed to set their own timelines.
The City of Houston’s deadline is shorter than most: you have 90 days from the date of the accident to file.
How Minors & Mental Incapacity Change the Filing Deadline
Some factors may impact the statute of limitations, and two of them are age and mental incapacity.
If you are a minor at the time of your accident and no adult files a lawsuit on your behalf, the statute of limitations is tolled (or paused) until your 18th birthday. This means that for most personal injury lawsuits, you would have two years from your 18th birthday to file.
If you are mentally incapacitated, the statute of limitations is tolled until you regain competence. For example, if you are in a coma after your accident, the countdown would begin once you are awake and functioning normally.
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What Happens if You Miss the Deadline for Filing Your Claim?
Unfortunately, some injured people ask, “How long after an accident do you have to file a claim in Houston?” too late. If the statute of limitations has passed, you will likely not be able to recover damages.
How Long Do You Have to File an Accident Claim in Houston?
An experienced Houston personal injury lawyer can help you through the claims process and make sure you don’t miss relevant deadlines. Not sure how to find one? Let us help!
ConsumerShield connects people in need of legal assistance with qualified professionals nearby. Fill out our contact form to get started with a free case review!
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Frequently Asked Questions
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No. The laws surrounding government accident claims are unique, and not all personal injury lawyers will represent you in a government lawsuit.
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Yes. The TTCA caps damages in lawsuits against the state and municipalities to $250,000. Damages in lawsuits against local governments are capped at $100,000.
