After a serious accident, your focus is rightfully on your health and recovery. However, a critical legal clock starts ticking the moment you are injured. In Texas, this deadline is known as the statute of limitations, and understanding it is essential for protecting your right to compensation. Missing this deadline can mean forfeiting your ability to seek justice forever.
Table of Contents
- How Long Do I Have to File a Personal Injury Claim in Texas?
- When Does the Clock Start Ticking on the Deadline?
- Are There Exceptions to the Two-Year Rule?
- What Happens If You Miss the Personal Injury Claim Deadline in Texas?
- Why You Shouldn’t Wait to Contact a Lawyer
- Get Help from an Experienced Texas Personal Injury Firm
This guide explains the Texas statute of limitations for personal injury cases, the exceptions that might apply, and why acting quickly is crucial for the success of your claim.
How Long Do I Have to File a Personal Injury Claim in Texas?
In the vast majority of cases, the personal injury claim deadline in Texas is two years from the date the injury occurred.
This two-year window is established by the Texas Civil Practice and Remedies Code § 16.003. This law applies to most types of personal injury lawsuits, including those arising from:
- Car accidents
- Truck accidents
- Slip and fall incidents (premises liability)
- Medical malpractice
- Defective products
This means you must either settle your claim with the at-fault party’s insurance company or file a formal lawsuit in court within this two-year period. If you fail to do so, the court will almost certainly dismiss your case, regardless of how strong your evidence is.
When Does the Clock Start Ticking on the Deadline?
For most accidents, determining the start date is straightforward: it’s the date of the incident. If you were injured in a car crash on May 1, 2024, your deadline to file a lawsuit would be May 1, 2026.
However, some situations are more complex. Texas law recognizes the “Discovery Rule,” which states that the statute of limitations clock doesn’t begin to run until the date you knew, or reasonably should have known, that you were injured and that your injury was likely caused by someone else’s negligence. This rule is often applied in cases where an injury is not immediately apparent, such as in certain medical malpractice claims or cases involving exposure to toxic substances.
Are There Exceptions to the Two-Year Rule?
While the two-year deadline is the general rule, several key exceptions can shorten or extend the injury lawsuit statute of limitations in Texas.
Claims Against Government Entities
If your injury was caused by a government employee or occurred on government property, you face a much shorter deadline. The Texas Tort Claims Act requires you to provide a formal “notice of claim” to the correct government body long before the two-year statute of limitations expires. For many state agencies, this notice period is six months, but for some municipalities, it can be as short as 45 or 90 days. Failure to provide this timely notice can bar your claim entirely.
Injured Parties Who Are Minors
If the injured person is a minor (under 18), the statute of limitations is typically “tolled,” or paused. The two-year clock does not begin to run until the minor’s 18th birthday.
Individuals Who Are Legally Incapacitated
Similarly, if a person is legally deemed to be of “unsound mind” or mentally incapacitated at the time of the injury, the statute of limitations can be tolled until that legal disability is removed.
What Happens If You Miss the Personal Injury Claim Deadline in Texas?
The consequences of missing the statute of limitations are severe and final. If you try to file a lawsuit after the two-year deadline has passed, the defendant’s attorney will file a motion to dismiss your case, and the court will grant it.
You will lose your legal right to pursue compensation for damages such as:
- Medical bills
- Lost wages
- Pain and suffering
- And other related losses
The at-fault party and their insurance company will have no legal obligation to pay you anything.
Why You Shouldn’t Wait to Contact a Lawyer
Even though you have two years, waiting until the deadline approaches is a serious mistake that can jeopardize your case.
- Evidence Disappears: Over time, physical evidence from the accident scene is lost, security camera footage is erased, and vehicles are repaired or salvaged.
- Memories Fade: Witnesses’ recollections of the event become less clear and reliable as months and years pass.
- Investigation Takes Time: A thorough personal injury investigation involves gathering police reports, medical records, witness statements, and expert opinions. This process cannot be rushed.
By acting quickly, you give your legal team the best possible chance to build a powerful and persuasive case on your behalf. At Joel A. Gordon & Associates, we have been helping Texans navigate these complex deadlines and legal challenges since 1993. Our experience ensures that every critical deadline is met while we build a case designed for results.
Get Help from an Experienced Texas Personal Injury Firm
The Texas statute of limitations is a strict and unforgiving rule. Misunderstanding the deadline or an applicable exception can have devastating financial consequences. The best way to protect your rights is to speak with a qualified attorney as soon as possible after your injury.
Navigating these complex deadlines requires skilled legal guidance. If you’ve been injured in North Texas, seeking advice from an experienced Fort Worth personal injury lawyer is the most critical first step you can take.
The team at Joel A. Gordon & Associates is here to help. With a nationwide reputation for results and amazing client reviews that speak to our dedication, we are ready to fight for you. Our 24/7 phone service is always available for a free, no-obligation consultation to discuss your case and ensure your rights are protected. Don’t wait—call today.