In Texas, a two-year deadline applies to most personal injury claims. This general rule means you have two years from the date the injury occurred to file a lawsuit. The Texas statute of limitations for personal injury claims creates a firm boundary for legal action.
While the two-year rule seems straightforward, certain circumstances can change the deadline. Texas law provides specific exceptions that may pause or extend the countdown, depending on the details of your situation.
Key Takeaways for Texas Statute of Limitations
- The countdown for the statute of limitations usually begins on the day of the injury.
- Missing this critical filing deadline almost always results in the court dismissing your case.
- Consulting with an attorney helps you determine your exact deadline and protect your right to file a claim.
Defining the Statute of Limitations in a Texas Injury Case
Every state sets official time limits for filing different types of lawsuits. These laws promote fairness and prevent the threat of indefinite litigation hanging over a defendant's head. The Texas statute of limitations for personal injury claims defines the legal window of time during which you must act.
Statutes of limitations also encourage the timely preservation of evidence. As time passes, witnesses' memories fade and documents get lost. By requiring prompt action, the law helps all parties build their cases with fresher, more reliable information.
The Standard Two-Year Deadline for Texas Personal Injury Claims
Texas Civil Practice and Remedies Code § 16.003 establishes that you have two years to bring a suit for personal injury. This rule encompasses a broad range of incidents where negligence by one person causes harm to another.
This two-year clock typically starts ticking on the date the injury-causing event took place. For example, if a car crash occurred on May 1, 2025, the injured party has until May 1, 2027, to file a lawsuit.
Important Exceptions to the Two-Year Filing Deadline
While the two-year rule seems straightforward, Texas law includes several exceptions that can alter the deadline. Certain circumstances may pause, or toll, the statute of limitations clock.
These provisions address situations where a person is unable to file a claim immediately due to circumstances beyond their control.
The Discovery Rule
Sometimes an injury isn’t immediately apparent. The Texas discovery rule addresses this situation. Under this rule, the two-year countdown begins on the date the person discovered, or reasonably should have discovered, their injury.
This infrequently used rule may come into play for cases involving hidden injuries or exposure to harmful substances where symptoms take years to develop. For a successful claim, your lawyer must demonstrate that your injury was both inherently undiscoverable and objectively verifiable.
A Minor Child’s Injury
When a person under 18 years of age suffers an injury, the law provides an extension. The statute of limitations clock does not start running until the child legally becomes an adult on their 18th birthday.
This gives them until their 20th birthday to file a lawsuit for an injury that occurred during their childhood. The law recognizes that a minor cannot legally pursue a claim on their own behalf. This protection provides ample time for them to take action once they reach adulthood.
Unsound Mind or Legal Disability
A similar exception applies to individuals who are of unsound mind. If a person lacks the mental capacity to understand their rights and manage their legal affairs, the statute of limitations is tolled.
The clock remains paused for the duration of their legal disability. It starts to run only when they regain their mental capacity.
A Defendant’s Absence From Texas
Another key exception involves a defendant who leaves the state. If the person responsible for your injury leaves Texas for a period, that time away may not count toward the two-year deadline. The clock can pause while they’re gone and resume when they return.
This rule prevents defendants from evading a lawsuit simply by crossing state lines. It helps people pursue justice even when the at-fault party attempts to evade detection.
Common Cases Governed by the Texas Personal Injury Deadline
The two-year statute of limitations applies broadly to many situations where another's negligence causes harm. Understanding whether your specific incident falls under this rule helps you determine when to take action. You face a limited time to protect your legal rights.
Common examples include:
- Motor Vehicle Accidents: This category covers crashes involving cars, trucks, motorcycles, and other vehicles.
- Premises Liability Claims: These cases arise from injuries sustained on someone else's property, such as slip and fall accidents.
- Product Liability Incidents: An injury from a defective or dangerous product falls under this deadline.
- Medical Malpractice: While often subject to the same two-year rule, these cases have very complex notice requirements.
- Wrongful Death Claims: A family has two years from the date of their loved one's death to file a lawsuit.
Consequences of Missing the Filing Deadline
The outcome of missing the Texas statute of limitations for personal injury claims is severe. If you attempt to file a lawsuit after the two years have passed, the defendant will almost certainly ask the court to dismiss your case. The court will likely grant this request.
This means you lose the ability to seek financial recovery for your losses through the legal system. You cannot hold the at-fault party accountable in court, no matter how strong your case may be.
Insurance companies know this rule well. If the deadline passes, they have no incentive to negotiate a fair settlement because the legal threat is gone.
Calculating your deadline can be complex, especially when considering potential exceptions, and a small miscalculation can have significant consequences. Consult a legal professional to confirm the exact filing deadline that applies to your specific circumstances.
Available Damages in Personal Injury Claims
When you file a lawsuit, you’re seeking compensation for all the ways the injury has affected your life, from medical bills to your personal well-being. The law categorizes these effects into different types of damages, and your right to claim any of them expires when the deadline passes.
Failing to act in time means you forfeit the chance to recover compensation for the full range of your losses.
Your comprehensive personal injury claim can include recovery for damages such as:
- Economic Damages: This category covers all of your measurable financial losses that stem directly from the injury, such as emergency room visits, hospital bills, rehabilitation expenses, prescription medication costs, and any wages you lost from being unable to work.
- Non-Economic Damages: You may also pursue compensation for the significant but non-financial harms you suffered, including physical pain and suffering, emotional distress, mental anguish, physical impairment, and permanent disfigurement.
- Future Losses: Your claim can account for the projected long-term costs associated with your injury, which may include future medical procedures, ongoing therapy sessions, and a loss of future earning capacity if your ability to work is permanently affected.
- Exemplary Damages: In situations where the defendant's conduct was particularly reckless, fraudulent, or malicious, Texas law allows for the pursuit of exemplary damages, which a court awards to punish the wrongdoer and deter similar conduct in the future.
Each of these potential areas of recovery is only available if you file your claim within the legally mandated timeframe.
An attorney helps you properly document the full scope of these damages to build a comprehensive case before the clock on the Texas statute of limitations for personal injury claims runs out.
6 Actions That Protect Your Personal Injury Claim
After you receive medical care, your focus needs to shift to protecting your legal rights. The steps you take in the days and weeks after an injury can support a future claim.
Take these steps:
- Organize Your Records: Gather all documents related to your injury in one place. This includes medical bills, treatment records, photos of your injuries and the accident scene, as well as any communication with insurance companies.
- Start a Daily Journal: Write down your daily experiences with your injuries. Note your pain levels, physical limitations, emotional state, and any activities you can no longer perform. This journal offers a poignant account of how the injury impacts your life.
- Preserve All Evidence: Collect and retain any physical evidence from the incident. This could be damaged property, the shoes you wore during a fall, or a defective product.
- Track Your Expenses: Keep a detailed record of all costs associated with your injury. Include everything from medical co-pays and prescription costs to mileage for doctor appointments and lost wages from missing work.
- Decline Recorded Statements: You don’t have to give a recorded statement to the at-fault party's insurance adjuster. Politely decline their request until you have spoken with a lawyer.
- Consult a Personal Injury Lawyer: Contact an attorney to discuss the Texas statute of limitations for personal injury claims. A lawyer can clarify your specific deadline and manage your claim.
How a Lawyer Helps With Your Texas Statute of Limitations for Personal Injury Claims
An attorney does much more than just file paperwork before the deadline. A lawyer actively manages every aspect of your case to protect your rights and position you for a favorable outcome. Their knowledge of legal deadlines and procedures removes the burden from your shoulders.
A legal team assists you in the following ways:
- Calculating Your Exact Deadline: An attorney will investigate the details of your case, including any applicable exceptions like the discovery rule, to pinpoint the precise date by which you must file your lawsuit.
- Conducting a Thorough Investigation: Lawyers gather evidence, interview witnesses, and work with investigators to build a strong foundation for your claim long before the Texas statute of limitations for personal injury claims expires.
- Handling All Insurance Communications: Your lawyer will take over all conversations and negotiations with insurance companies, protecting you from adjusters who may try to use your words against you or delay your claim.
- Negotiating on Your Behalf: Armed with evidence and legal knowledge, your lawyer will advocate for a fair settlement that covers all your damages, including medical bills, lost income, and pain and suffering.
- Filing the Lawsuit Properly: If a settlement cannot be reached, your attorney will draft and file the necessary legal documents with the correct court before the deadline passes, initiating the formal lawsuit.
FAQ for Texas Statute of Limitations for Personal Injury Claims
What Happens if I Miss the Statute of Limitations in Texas?
If you miss the filing deadline, the court will almost certainly dismiss your case. You’ll lose your right to pursue compensation from the at-fault party in court. This makes it extremely difficult to recover for your medical expenses, lost wages, and other damages.
Does Talking to an Insurance Company Pause the Deadline?
No, communicating and engaging in settlement negotiations with an insurance company doesn’t stop the two-year clock. An adjuster may prolong negotiations, but the legal responsibility to file a lawsuit within the time limit remains with you.
Can a Statute of Limitations Be Extended in Texas?
Yes, certain situations can extend or toll the deadline. These exceptions include cases where the injured party was a minor, lacked mental capacity, or when the defendant left the state. In rare cases, the discovery rule may also extend the deadline if an injury wasn’t immediately discoverable.
When Does the Clock Start for a Personal Injury Claim in Texas?
The clock usually starts on the day the injury occurred. However, if the discovery rule applies, the clock begins when you discovered or reasonably should have discovered your injury. An attorney can help determine the exact start date for your specific case.
For wrongful death cases, the statute of limitations begins on the date of the deceased’s death, not the date of the accident.
Why Does the Texas Statute of Limitations for Personal Injury Claims Exist?
The statute of limitations exists to ensure legal claims are filed in a timely manner. This promotes fairness by preventing defendants from facing old, stale claims where evidence has degraded and memories have faded. It encourages prompt resolution and keeps the legal system efficient.
Don’t Miss Your Deadline: Call Us Today
After an accident, handling a personal injury claim by yourself adds another layer of complexity to an already difficult time. An experienced lawyer can handle the legal deadlines and negotiations, freeing you to concentrate on what matters most—your health and your family.
At Cowen | Rodriguez | Peacock, we’ll manage the complexities of the legal process so you can look forward. Contact us today for a free consultation at (210) 941-1301.