One of the first legal rules to know after an injury caused by someone else’s negligence is Texas’s statute of limitations for personal injury claims. Whether your injury in Houston happened in a car crash on I-10, a slip and fall in a downtown office building, or another serious accident, understanding how much time you have to file a claim can make a big difference in your ability to take legal action.
In most personal injury cases, individuals have a two-year window from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation, no matter how strong your claim is.
If you are struggling with medical bills, lost wages, or a long recovery process, it is important to speak with a knowledgeable car accident lawyer as soon as possible.
The team at AP Law Group offers free consultations and can help you take the next steps. Call (713) 913-4627 today to protect your rights before time runs out.
When to File a Personal Injury Lawsuit in Texas: Time Limits You Need to Know
After an injury caused by someone else’s negligence, many people focus on recovery and rebuilding their lives. While that is important, it is also essential to understand your legal rights, including how much time you have to take action.
Texas has a strict deadline for filing personal injury lawsuits, called the statute of limitations. If you miss this deadline, you may lose the right to seek compensation in court.
This time limit exists to make sure legal disputes are handled while evidence is still available and witness memories are fresh. It also gives defendants peace of mind by limiting how long they can be sued after an incident.
In most personal injury cases in Texas, you have two years from the date of the injury to file a lawsuit. This applies to a wide range of claims, such as car accidents, motorcycle crashes, truck collisions, slip and fall injuries, dog bites, and many product-related injuries.
For example, if you were injured in a Houston freeway crash on January 1, 2024, you would usually have until January 1, 2026, to file your case. If you wait too long and miss the deadline, your lawsuit will most likely be dismissed, no matter how serious your injuries are or how strong your evidence may be. Acting quickly after an accident is one of the most effective ways to protect your legal rights in Texas.
What the Texas Civil Practice and Remedies Code Says About Injury Lawsuits
The two-year limit for most personal injury lawsuits comes from the Texas Civil Practice and Remedies Code, specifically Section 16.003. This part of the law says that lawsuits involving personal injury, property damage, or wrongful acts must be filed no later than two years after the date when the problem began.
While the two-year deadline is common, not all situations follow this exact rule. Some claims have shorter or longer timelines, depending on the details.
For example, wrongful death claims also generally have a two-year deadline, but the clock starts on the date of the person’s death, which might be different from the date of the injury. If the injury involves a government agency, there may be extra steps and shorter notice periods, sometimes as little as a few months.
Because these rules can be complex and vary from case to case, it is a good idea to speak with a Texas personal injury lawyer as soon as possible. A lawyer can explain how the statute of limitations applies to your situation and help you take the right steps before time runs out.
Exceptions and Complexities to Texas’s Statute of Limitations for Personal Injury Claims
Although the two-year deadline is the general rule under Texas’s statute of limitations for personal injury claims, there are certain situations where that timeframe may be extended or adjusted.
These exceptions do not apply automatically and usually depend on the details of your situation. Trying to use them without guidance from a lawyer can be risky and may result in your claim being denied or dismissed.
The Discovery Rule in Texas Personal Injury Cases
One important exception is called the discovery rule. In some cases, a person may not realize they have been injured or may not know what caused the injury right away.
For example, someone exposed to a dangerous chemical may not show symptoms for years. In situations like this, the two-year clock may not start until the injury is discovered or reasonably should have been discovered through ordinary effort.
However, the discovery rule applies only when the injury is considered inherently undiscoverable at the time it occurred. Even in those situations, another legal limit known as a statute of repose may still apply. This type of deadline sets an absolute cutoff for filing a lawsuit, regardless of when the injury is discovered or diagnosed.
These deadlines often apply in cases involving product defects or medical malpractice and can block a claim completely after a set period, usually ten years from the date of the action that caused the injury.
Legal Disability: Minors and Mental Incapacity
Texas law gives additional time to people who are legally unable to act for themselves when the injury happens. This typically applies to two groups:
- Minors: If someone is under 18 at the time of the injury, the two-year deadline usually does not begin until their 18th birthday. For example, a child injured at age 12 would typically have until their 20th birthday to file a lawsuit.
- People with mental incapacity: If an injured person is not mentally capable of managing legal matters when the injury occurs, the time limit may be paused. The deadline usually begins once they are legally able to take action.
These protections are meant to give people a fair chance to pursue a claim. Still, acting sooner rather than later can help preserve important evidence and make the case stronger.
What Happens If the At-Fault Party Leaves Texas Before You File
If the at-fault party leaves Texas before you file your lawsuit, the time they are gone is usually not counted toward the two-year limit. The statute of limitations is paused while they are away and resumes once they return. This rule helps prevent people from avoiding responsibility by leaving the state.
Claims Against Governmental Entities
Suing a government body in Texas, such as a city, county, or state agency, is different from filing a claim against a private person or business. The Texas Tort Claims Act requires that you provide written notice of your claim within a very short period, sometimes as little as 45 days after the incident.
If the notice is not submitted within the required timeframe, you may lose the right to sue, even if the two-year statute of limitations has not yet expired. Because of these strict rules, it is important to contact a Texas personal injury lawyer as soon as possible if a government agency is involved.
Deadlines for Medical Malpractice and Intentional Injury Cases in Texas
Certain personal injury cases follow their own rules and deadlines. For example:
- Medical malpractice claims generally have a two-year deadline, but they may also be subject to a statute of repose that bars all lawsuits after ten years from the date of the treatment, regardless of when the injury was discovered.
- Intentional acts such as assault or battery may follow different rules depending on the type of injury and the circumstances of the case.
Because each case is different, speaking with a Texas personal injury lawyer can help you understand which rules apply to your situation. Acting quickly gives you the best chance to file your claim on time and build a strong case.
What Happens If You Miss the Texas Personal Injury Deadline
Missing the deadline set by Texas's statute of limitations for personal injury claims can lead to serious and permanent consequences. If you do not file your lawsuit on time, the at-fault party’s lawyer will likely ask the court to dismiss your case. In most situations, the judge will grant that request.
When a case is dismissed due to a missed deadline, you lose the legal right to seek compensation for your injuries. This means you may be left to pay for your medical bills, lost wages, and other expenses on your own, even if the other party was clearly responsible. Insurance companies know these rules well and may delay communication in the hope that you miss the filing deadline.
They may try to delay communication, hoping you will miss the filing deadline. If that happens, they have no reason to offer a settlement because they know the claim can no longer be enforced in court.
Acting quickly after an injury is not just helpful. It plays an important role in protecting your chance to recover financially and hold the responsible party accountable.
How a Texas Personal Injury Lawyer Can Help You Meet Legal Deadlines
Because of the legal time limits and exceptions tied to Texas's statute of limitations for personal injury claims, working with an experienced attorney is one of the most important steps you can take.
Trying to manage the legal process on your own increases the risk of missing key deadlines and losing your right to file a claim. A lawyer can guide you through the process and help you avoid mistakes by:
- Determining the Correct Deadline: The statute of limitations can vary depending on your type of injury, who caused it, and whether any exceptions apply. Your lawyer will examine the facts of your case to find the right timeline.
- Starting an Investigation Right Away: Evidence can fade quickly. A lawyer will gather police reports, medical records, witness statements, and video footage as soon as possible to help build a strong case.
- Managing Communication with Insurance Companies: Insurers often aim to settle quickly and for less than the case is worth. Your lawyer will handle all conversations to protect your claim and prevent you from saying something that might be used against you.
- Preparing and Filing Paperwork: Filing a personal injury claim involves legal documents that must be filed in the right court, by the correct deadline. Your lawyer will make sure everything is submitted properly and on time.
- Negotiating For a Fair Settlement: A skilled attorney knows how to value your claim based on current and future medical needs, lost income, and pain and suffering. They will negotiate with the insurance company or opposing lawyer to pursue full compensation.
- Representing You in Court: If a fair agreement cannot be reached, your lawyer will be ready to take your case to trial and present your side to a judge or jury.
Once you contact a lawyer, they can immediately begin building your case and taking steps to protect your right to compensation.
What to Do After an Injury in Houston
If you were injured in Houston or another part of Texas due to someone else's carelessness, the steps you take next can make a difference in your claim. Here are some actions that can help protect your rights:
- Get Medical Attention Immediately: Even if you feel okay, some injuries take time to show symptoms. A doctor can help you get the care you need, and your medical records will be key evidence.
- Keep Records and Take Photos: If possible, take pictures of the scene, your injuries, and any property damage. Write down names and contact details of witnesses and others involved. Save all bills, receipts, and records of your medical visits.
- Limit What You Say to the Other Party’s Insurance Company: Do not give a recorded statement or talk about who was at fault without speaking to a lawyer first. You can provide basic information to your own insurer, but avoid sharing too many details early on.
- Contact a Texas Personal Injury Lawyer As Soon As Possible: This is one of the most important steps to protect your rights under Texas's statute of limitations for personal injury claims. An attorney can review your case, figure out the correct deadline, and begin collecting the evidence needed to support your claim.
The clock usually starts running from the date of your injury, but in some situations, it may start even earlier. Waiting too long to get legal advice can seriously impact your chance to recover money for your injuries and losses.
FAQs About Texas's Statute of Limitations for Personal Injury Claims
How long do I really have to file a personal injury claim in Texas?
In most personal injury situations in Texas, you generally have two years from the date your injury happened to file a lawsuit in court. This timeframe is set by state law, but it is important to remember that certain exceptions or specific types of cases may have different deadlines.
Are there any common reasons why the two-year deadline for personal injury claims might be extended in Texas?
Yes, there are circumstances that may extend the typical two-year deadline. These might include situations where the injured person was a minor when the injury happened, or if the injury was not immediately clear through reasonable effort. Also, if the person at fault leaves the state, the time limit might pause during their absence.
What happens if I miss the statute of limitations deadline for my injury case in Texas?
Missing the deadline usually means you lose your legal right to file a lawsuit and seek compensation for your injuries in court. A judge will likely dismiss your case. This would leave you responsible for your medical bills, lost wages, and other damages, even if another party's carelessness caused your harm.
Does the statute of limitations apply differently if a government agency caused my injury in Texas?
Yes, claims against government organizations in Texas often have much stricter and shorter deadlines for telling them about your claim. This can be as little as 45 days to six months, and it applies even before the standard two-year filing period. These types of cases are very complex and need very fast legal action.
How does contacting a Texas personal injury lawyer quickly after an accident help with the statute of limitations?
It’s a good idea to speak with a lawyer as soon as possible after an accident. An attorney can quickly determine the correct deadline for your case, including any exceptions or shorter notice requirements that may apply. By acting early, they can begin gathering evidence and building your claim right away, helping to make sure all important timelines are met and your right to seek compensation is preserved.
Take Action Before the Statute of Limitations Expires
In Texas, the time you have to file a personal injury claim is not just a minor detail. It has a direct impact on whether you can seek compensation for medical bills, lost wages, and other related costs. Texas's statute of limitations for personal injury claims sets a firm deadline, and missing it may result in losing your legal right to pursue a claim, even if the other party was clearly at fault.
At AP Law Group, our experienced personal injury lawyers are committed to helping you through every step of the process. Our team works to prepare and file your claim properly and within the required timeframe, allowing you to focus on healing.
Take the first step toward protecting your future. Call AP Law Group today at (713) 913-4627 for a free consultation.