A severe injury introduces complexities that few people anticipate, and the most critical detail often goes unnoticed. The state imposes a strict timeline on your right to file a claim, and Texas's personal injury statute of limitations generally gives you only two years from the date of injury to take formal legal action.
Missing this deadline, even by a single day, typically closes the door on your ability to seek accountability through the court system. An experienced personal injury lawyer provides the guidance needed to protect your rights within this rigid timeframe.
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Key Takeaways for Texas's Personal Injury Statute of Limitations
- You generally have a two-year window from the date of the incident to file a personal injury lawsuit in Texas.
- The statute of limitations applies to most injury cases, including those from car wrecks and slip and falls.
- Certain rare circumstances can modify or pause the clock, but you cannot depend on these exceptions applying to your situation.
- Failing to file your lawsuit within the specified period usually results in the court dismissing your case permanently.
- A personal injury attorney helps you manage all necessary deadlines and procedural requirements for your claim.
The Absolute Deadline: What the Two-Year Rule Means for You
The legal system establishes statutes of limitations to encourage the timely filing of claims. An injured person has a limited, two-year period to initiate a lawsuit, as defendants require protection from indefinite threats of legal action.
The rule also promotes the use of reliable, fresh evidence; over time, memories fade, witnesses move away, and physical evidence can deteriorate.
When you suffer an injury on a busy road, such as Loop 1604, or in a commercial area like The RIM, your focus remains on your immediate health. However, the clock on your legal rights begins ticking immediately.
This state-mandated deadline is a fundamental aspect of injury law, dictating the maximum time you have to file a lawsuit in a Texas civil court. Adhering to this timeframe isn’t optional.
Courts almost always reject cases filed after the two-year deadline has passed. This strict enforcement makes awareness of the injury claim timeline one of the most vital factors in your case.
Calculating Your Filing Deadline
For most personal injury cases, calculating the deadline appears straightforward; the clock usually starts on the day the injury occurred. If a car crash happened on November 1, 2025, the deadline to file a lawsuit would be November 1, 2027.
This two-year window applies to a broad range of incidents, from a slip and fall at a local restaurant on the San Antonio River Walk to a dog bite in a neighborhood like Alamo Heights.
An attorney can help you pinpoint the exact date the clock started and can work to file the necessary paperwork long before the deadline approaches.
Does the Clock Ever Start Late?
While the two-year rule may appear rigid, there are limited scenarios that can delay the start of the filing period. The discovery rule addresses situations where a person couldn’t have reasonably known about their injury right away.
In these cases, the statute of limitations clock might not start ticking on the day of the incident, but rather on the day the injury and its cause are discovered, or reasonably should have been discovered.
The discovery rule commonly applies in cases involving medical malpractice or exposure to toxic substances. For instance, a surgeon might leave a surgical instrument inside a patient, but the patient may not feel any effects for months or even years.
In such a situation, the injury claim timeline typically begins on the date the patient discovers the source of their medical problems, rather than the date of the surgery.
These exceptions are quite narrow and complex, and the court system examines these claims very carefully. Don’t assume the discovery rule applies to your case without a detailed legal analysis.
An attorney can evaluate the specific facts of your situation to determine when your legal clock officially started.
Situations That May Alter Your Personal Injury Claim Timeline
Beyond the discovery rule, a few other specific situations can legally pause, or toll, the two-year clock. The law recognizes that certain individuals may lack the legal capacity to file a lawsuit, and Texas law provides specific protections in these instances.
The following circumstances could affect the personal injury filing deadline:
- Injured Person's Age: When the injured party is under the age of 18, the two-year statute of limitations may not start until their 18th birthday.
- Mental Incapacity: If an individual is of "unsound mind," meaning they lack the mental capacity to comprehend their legal rights, the deadline can be paused. The clock may begin once they regain their mental capacity.
- Defendant's Absence: If the person or entity responsible for your injury cannot be found in Texas to be served with the lawsuit, the law may toll the statute of limitations. The clock may remain paused for the duration of their absence from the state.
- Fraudulent Concealment: When a potential defendant actively and knowingly hides their wrongdoing to prevent you from discovering you have a claim, the deadline may be paused. The statute of limitations may not begin until you uncover the concealed information.
Personal Injury Cases Governed by the Two-Year Rule
Texas's personal injury statute of limitations applies to the vast majority of incidents where one person's negligence causes harm to another. The law treats these cases with a consistent timeframe. This provides predictability for everyone involved.
If another party's actions or inaction caused you harm, this timeline likely controls your right to file a claim. The statute applies to many scenarios that arise in and around Bexar County, from incidents at Six Flags Fiesta to crashes on I-35.
You may have a personal injury claim that falls under this two-year rule if you were hurt in one of the following situations:
- Motor Vehicle Accidents: This includes crashes involving cars, commercial trucks, motorcycles, and pedestrians.
- Premises Liability: These cases arise from unsafe conditions on someone else's property, such as slip and falls, dog bites, or inadequate security.
- Product Liability: You may have a claim when a defective product, from a vehicle part to a medical device, causes an injury.
- Wrongful Death: If a loved one dies due to another's negligence, the family typically has two years from the date of death to file a wrongful death lawsuit.
- Medical Malpractice: A claim against a doctor or hospital usually has a two-year deadline, and special rules can apply.
The Severe Consequences of a Missed Deadline
Failing to meet the personal injury filing deadline carries a heavy and permanent consequence. If you don’t file your lawsuit within the two-year window, you almost always forfeit your right to do so in the future.
A defendant in that situation can file a motion for summary judgment or ask the court to dismiss the case based on the missed deadline. The court typically grants this motion.
The dismissal means the court bars you from ever seeking compensation from the responsible party for your injuries through a lawsuit. It doesn’t matter how severe your injuries are or how clear the other party's fault appears.
The two-year rule acts as a final gatekeeper to the justice system. The law makes no exceptions for forgetting the date or not appreciating the deadline's importance.
This strict application is why addressing the statute of limitations is one of the first and most critical steps after an injury. Contact a lawyer promptly to protect your ability to pursue a claim.
How a Texas Personal Injury Lawyer Helps With the Statute of Limitations
A personal injury lawyer does much more than just file paperwork; they act as your strategic advocate. They immediately take action to preserve your legal rights while building a strong foundation for your claim.
An attorney handles the complex procedural requirements and deadlines, offering critical guidance from the very beginning.
Here is how a lawyer can help you assert your rights:
- Deadline Management: A lawyer precisely calculates your filing deadline and manages all other important dates for your case.
- Evidence Preservation: Your legal team works quickly to gather and preserve critical evidence for the claim, such as accident reports, witness statements from bystanders, and video footage.
- Communication With Insurers: An attorney handles all communications with insurance companies, protecting you from adjusters who may try to get you to say something that ends up hurting your own claim.
- Claim Value Assessment: A legal professional thoroughly documents your injuries and financial losses to develop a clear picture of your claim's potential value.
- Fighting for Compensation: Your lawyer will negotiate with an insurer for a fair settlement, understanding that settlement amounts vary based on the facts of each case, or can file a lawsuit before the statute of limitations expires if they refuse to cooperate.
FAQ for Texas's Personal Injury Statute of Limitations
What Types of Damages Can I Seek in a Personal Injury Lawsuit?
In a Texas personal injury lawsuit, you may seek compensation for a range of losses. These may include economic damages, which encompass tangible financial costs, such as medical bills, lost wages, and property damage.
You may also seek non-economic damages, which address intangible impacts like pain, suffering, and physical impairment.
Does the Statute of Limitations Apply to Claims Against the Government?
Claims against government entities in Texas, such as the City of San Antonio or the state itself, often involve an extra notice deadline that is much shorter than two years. The Texas Tort Claims Act requires you to provide a formal notice of your claim, often within just a few months of the injury.
Failing to give proper notice on time may bar your claim altogether, so you must act very quickly in these cases.
What if I Was Partially at Fault for My Injury?
Texas follows a legal doctrine called proportionate responsibility, which means you may still recover damages even if you were partially at fault for the accident that caused your injuries. However, a court reduces your compensation award by your percentage of fault.
If you’re found to be 51% or more at fault, Texas law prohibits you from recovering any damages.
How Does Texas's Personal Injury Statute of Limitations Affect My Case?
Texas's personal injury statute of limitations is the single most important deadline in your case. This law dictates that you have two years from the injury date to file a lawsuit.
If you miss this deadline, a court will almost certainly dismiss your case, preventing you from ever holding the responsible party accountable for your injuries in court.
Do Negotiations With an Insurance Company Pause the Two-Year Clock?
No, engaging in settlement negotiations with an insurance company usually doesn’t pause the statute of limitations. The two-year clock continues to run regardless of any talks or informal offers that occur.
You must formally file a lawsuit in court before the deadline expires to protect your rights, even if you believe a settlement is likely.
Protect Your Timeline
The two-year deadline to file a lawsuit is strict, and protecting your rights requires immediate and decisive action. The legal team at Cowen | Rodriguez | Peacock stands ready to manage every aspect of your case, starting with the critical filing timeline.
Let us deal with the procedural details so you can focus on your well-being. To get started, complete our online contact form to have our team review your case.