Laredo is the largest city in Webb County, Texas. If you have been involved in a car accident in Laredo, one thing you should never put off is filing your claim. Texas has strict deadlines.
If you miss them, you could lose your right to pursue compensation. However, do not worry. A qualified Laredo accident attorney will explain the timelines and help you pursue justice within the legal timeframe.
The Statute of Limitations in Texas
The statute of limitations is the legal deadline for filing a lawsuit. In Laredo, Texas, in general, you have two years from the date of your accident to file a personal injury claim. This applies both to personal injury and property claims, as stated in Texas Civil Practice & Remedies Code § 16.003. For example, if your crash happened in January 2025, your deadline will likely be January 2027. Missing the date can lead to case dismissal.
When Exceptions May Apply
While two years is the standard rule, there are some exceptions. For example, if an accident results in a wrongful death, the clock starts ticking from the day the victim died and not when the accident occurred. If an injury resulted in mental incapacitation, then the deadline stops temporarily until the victim regains mental competency.
For minors, the statute of limitations deadline starts after their 18th birthday. For cases involving the government, whether state or local, you must file a notice of claim within 180 days and a lawsuit within two years. In rare cases, the discovery rule may apply if injuries were not discovered immediately, although this is not common in car accidents.
Why You Should Not Wait
Technically, you could wait almost two years before filing a claim, but this is a very big risk. Skid marks may wash away, surveillance footage can be erased or taped over, and witnesses could forget details. It is important to pursue justice when the evidence is still fresh.
Insurance companies also know that the longer you wait, the harder it might be to prove your case. They may even use delays to question the seriousness of your injuries or imply they were not caused by the accident.
How to Protect Your Right to File a Car Accident Claim
If you have been in an accident in Laredo, Webb County, these steps can help in protecting your case:
- Get medical attention right away. This creates an official record of your injuries, linking them to the accident.
- Call 911. If officers do not come to the scene, file a police report.
- Notify your insurance company. Texas is an at-fault state, which means the at-fault driver is responsible for covering damages, but informing your insurer may come in handy.
- Talk to a lawyer early on. They know the deadlines and ensure nothing is missed during the investigation process.
Conclusion
In Laredo, like the rest of Texas, you have two years to file a car accident claim, but certain circumstances can extend the period. The safest move is to act fast by getting medical care and consulting an attorney as soon as possible.
