When the calendar flips to a new year, many people wonder whether it changes anything about their ongoing personal injury case. Whether you’re dealing with a car accident claim, a slip and fall case, or another type of injury matter in Austin, Texas, understanding how the new year intersects with legal deadlines can be critical to protecting your rights.
At Batrice Law Firm, we’ve helped clients across Central Texas navigate complex personal injury laws and deadlines. Here’s an in-depth FAQ explaining the ways a new year may affect your case and, just as importantly, the ways it usually does not.
1. Does the Calendar Count Reset on January 1st?
No, the new year itself does not magically restart or extend your legal rights. Your legal deadlines are tied to the date of your injury and other specific legal rules, not the calendar year. In other words:
- If your accident happened last year, your case doesn’t expire simply because it’s a new year.
- If you haven’t yet filed a lawsuit or claim, a new year doesn’t give you more time than the law already allows.
However, this new year is a timely reminder to check your statute of limitations deadline, the date by which you must take legal action.
2. What Is the Statute of Limitations in Texas Personal Injury Cases?
In Texas, most personal injury lawsuits must be filed within two years of the date of your injury. This deadline is set by statute and applies to many kinds of injury claims, including:
- Auto accidents
- Premises liability (like slip and fall)
- Product liability
- Dog bites
- Wrongful death claims
This two-year window is strictly enforced, if you miss it, a judge will usually dismiss your case, and you lose your legal right to recover compensation
Example:
If you were injured on June 1, 2024, you generally have until June 1, 2026 to file a lawsuit.
Keep in mind that every case is unique. In an injury case against a government entity, (such as the city) a Notice Requirement must be sent within 45 days of your accident, letting them know you’re filing a claim. If you do not submit this notice within 45 days, you can lose your right to compensation. The sooner you contact a local personal injury attorney, the less you have to worry about statute of limitations and the sooner you can begin securing compensation.
3. Can Exceptions Change Deadlines?
Yes, in rare situations, the deadline can be extended or “tolled,” but not simply because a new year begins.
Some exceptions include:
- Discovery Rule: If your injury or its cause was not apparent right away, the statute may start when you discovered the injury.
- Minor or legally disabled clients: The deadline may be paused until a minor turns 18 or a disabled person regains capacity.
- Defendant out of state: The clock may be paused while a responsible party is outside Texas.
These exceptions are fact-specific and require careful legal analysis by an experienced injury attorney. Your attorney will let you know if any of these exceptions apply to your case.
4. What Happens at the Turn of a New Year With Insurance Companies?
Although the calendar year doesn’t change your legal deadlines, it can affect your case in other practical ways:
- Insurance policy changes: Many auto and health insurance plans reset deductibles or coverage limits at the new year.
- Adjuster turnover: New claim adjusters may be assigned after the holidays, which can temporarily slow communication or negotiation.
- Budget timing: Some insurers try to close claims before the end of a fiscal year or shift strategy at the start of a new year.
While these factors don’t change your rights, they can influence how your claim is handled in the short term.
5. What Should You Do at the Start of a New Year?
Here are steps every injury victim should take as the year begins:
- Review your timeline: Check how much time you have left before a lawsuit must be filed.
- Stay consistent with treatment: Insurance companies watch gaps in medical care closely, especially around the holidays.
- Document everything: Keep clear records of medical bills, lost wages, and other costs to give to your attorney.
- Avoid risky social media posts: Public posts about your activities can be misused by insurers.
6. When Should You Speak With an Attorney?
The earlier, the better. Even if it feels like you have “plenty of time,” waiting too long:
- Makes it harder to gather evidence
- Can weaken witness testimony
- Raises the risk of missing critical legal deadlines
Accident victims who work with attorneys secure 350% more money in settlements on average. Speaking with an attorney immediately after seeking medical attention is generally the best time.
The New Year Doesn’t Reset Your Case, But Time Still Matters
A new year doesn’t erase deadlines or fundamentally change the facts of your personal injury claim. But it’s a great opportunity to:
- Take stock of your case timeline
- Confirm you’re on track with medical care and documentation
- Consult a skilled Texas personal injury attorney
If you’re unsure where you stand, don’t wait! 📞 At Batrice Law Firm, we offer free consultations to help you understand your deadlines and legal options. Call us today at 512-600-1000.