If you were injured in a vehicle crash, fall, or another incident caused by someone else, you may have a personal injury claim.
But you won’t have unlimited time to file it. Texas enforces a strict timeline for filing personal injury lawsuits.
Once this period expires, you lose the right to pursue compensation through the court system.
What Is the Statute of Limitations in Texas?
A statute of limitations is a law establishing the strict deadline for filing a lawsuit. If you file after this date, the court will typically dismiss your case upon the defense’s request. These time limits help ensure cases rely on fresh, reliable evidence and accessible documentation.
Under Section 16.003 of the Texas Civil Practice and Remedies Code, injury victims generally have two years from the date of the incident to file a personal injury lawsuit.
Importantly, formal court filing is required. Sending settlement demands or negotiating with insurance adjusters does not satisfy the legal deadline. Likewise, settlement discussions do not pause the timeline.
Which Cases Fall Under the Two-Year Statutory Limit?
Most civil injury actions in Texas are subject to the standard two-year statute of limitations, including:
- Car accidents
- Truck accidents
- Motorcycle wrecks
- Pedestrian incidents
- Bicycle collisions
- Slip-and-fall incidents
- Premises liability claims
- Animal attacks/dog bites
- Product liability injuries caused by defective items
- Nursing home neglect
- Wrongful death claims
Certain claims involve additional statutory requirements. Medical malpractice suits require a formal 60-day written notice to health providers before filing, and workplace injuries handled through workers’ compensation require written employer notice within 30 days.
Statute of Limitations for Wrongful Death Claims
A wrongful death claim has its own deadline, and the clock often runs differently than it does in an ordinary injury case. In a typical injury claim, the time limit starts on the date of the accident. In a wrongful death claim, it usually starts on the date of death. That comes into play when someone survives for days or weeks after a crash or an incident before passing away.
Exceptions to the Standard Two-Year Deadline
There are exceptions to the general two-year deadline. However, they are rare and applied narrowly by courts.
The Discovery Rule Exception
When a person doesn’t discover their injury immediately, the discovery rule may delay the statutory clock until the victim identifies the harm. Texas courts limit this exception to injuries that are inherently undiscoverable and verifiable. Medical malpractice cases are the most likely to feature a discovery rule exception.
Claims Involving Government Entities
Under the Texas Tort Claims Act, actions involving government employees or public vehicles require formal written notice within six months of the incident. Municipal rules may impose even shorter notice windows. Failing to meet this first deadline can forfeit your claim.
Injuries Involving Minors
When a minor sustains an injury, the statute of limitations is typically paused until their 18th birthday, allowing them until age 20 to file suit. However, parent-filed claims for a child’s medical costs are generally not pausable under this provision.
Additional specific circumstances, such as a defendant fleeing the state, may also alter filing timelines.
Filing an Insurance Claim After the Legal Deadline
In some cases, you can still file a claim after the initial deadline, though missing key dates can put your compensation at risk. Keep in mind that insurance reporting deadlines differ from state statutes of limitations. Missing an insurance policy window does not automatically prevent you from taking legal action in court.
Insurance companies often reject claims submitted past their standard timeframe. However, courts generally require insurers to show that the delay actually harmed their ability to investigate the case. Short delays with a valid explanation, such as needing emergency medical treatment, are far more likely to be excused than unexcused inaction.
Do not assume you are out of options. Consulting a lawyer can help you determine if you still have valid legal rights against the responsible party.
Why Early Action Is Essential for Your Personal Injury Claim
Two years may sound like a long time. But the deadline can approach quickly, especially given the investigation and negotiation timelines before filing. Taking action well before the deadline can help with:
- Preservation of critical evidence that would otherwise be overwritten or destroyed
- Managing ongoing treatment that can proceeds concurrently with your medical care
- Collection of medical records that tie your injuries to an accident
- Calculating medical expenses, lost income, and pain and suffering damages
- Consulting expert witnesses to strengthen your case
- Negotiating with insurers and other at-fault parties well before the deadline
- Addressing multiple deadlines and procedural requirements
Managing complex legal timelines while recovering from an injury is not ideal. Seeking early legal counsel protects your rights and helps establish a solid foundation for your case.
If you were injured in a Dallas accident and are wondering about your deadlines to file a claim, contact an experienced Dallas personal injury lawyer for help. Trujillo Gonzalez, P.C. offers free consultations.
