When someone else’s careless actions cause harm, you only get a limited amount of time to take legal action. If you wait too long, you might lose the chance to hold that person accountable or recover anything at all. So, how long do you have to file a personal injury claim in Texas?
In most Texas personal injury cases, that deadline is two years. But not every situation is the same. Some cases involve unique circumstances that change when the clock starts ticking or pause it altogether.
Acting quickly matters. Waiting too long could mean losing key evidence or making your case harder to prove. You don’t want the person responsible or their insurance company to use time against you. If you’ve been hurt, contact a personal injury lawyer in your area right away for a free case review.
Texas Personal Injury Statute of Limitations
Time limits are part of every legal claim, and personal injury cases are no exception in Texas. Knowing the basic rules helps you understand how much time you really have.
Two-Year Time Limit for Most Personal Injury Cases
In Texas, most people who are injured in accidents, like car crashes, slip and falls, or dog bites, have two years from the date of the incident to file a lawsuit. This rule comes from Texas Civil Practice & Remedies Code § 16.003. If you don’t file in time, the court will likely refuse to hear your case.
When the Clock Starts Ticking
The two-year period usually starts on the date of the injury. For example, if you slipped in a grocery store on March 1, 2023, the deadline to file would likely fall on March 1, 2025.
However, in some situations, the clock may start on a different date. These exceptions often apply in cases where the injury wasn’t obvious right away.
Discovery Rule and Its Application
Texas law sometimes allows the “discovery rule” to delay the start of the two-year period. This rule applies when you didn’t know and couldn’t reasonably have known about the injury at the time it occurred.
For example, if you suffered a soft tissue injury in a car crash, but the harm wasn’t discovered until months later, the two-year period might start from the date of discovery rather than the date of the accident.
What Happens If You Miss the Deadline?
Waiting too long to act could shut the door on your case entirely. Texas courts don’t offer second chances if you miss this legal deadline.
Dismissal of Your Case
If you file after the deadline, the person or business you’re suing will likely ask the court to dismiss your case. Judges in Texas usually grant that request if the statute of limitations has expired.
Loss of Right to Compensation
Missing the deadline usually means losing the chance to seek payment for medical costs, lost income, pain, and future care. The court won’t hear the case, and the insurance company won’t be forced to offer anything.
Limited Exceptions to the Rule
Some legal exceptions pause or extend the filing deadline. But these are rare, and courts look at them carefully. You shouldn’t count on an exception applying to your case without speaking to a lawyer first.
Different Types of Personal Injury Cases and Their Time Limits
Not all personal injury claims fall into one category. Certain types have slightly different rules or conditions that affect the two-year time limit.
Typical Personal Injury Claims
Most injury claims involve accidents caused by someone’s careless or reckless behavior. These include:
- Car accidents where one driver runs a red light
- Slip and fall incidents at grocery stores or restaurants
- Dog bites that happen in public or at someone’s home
Each of these typically has a two-year deadline from the date of the incident.
Wrongful Death Cases
When someone dies because of another person’s actions, family members may bring a wrongful death claim. Texas law gives the surviving spouse, children, or parents two years from the date of death to file.
Note that this date may differ from the date of the injury, especially in cases involving prolonged hospital stays or delayed death.
Are There Any Exceptions to the Two-Year Rule?
In some limited situations, Texas law allows more time to file. These exceptions only apply under very specific conditions.
Minor Children and Legal Disabilities
If the injured person is under 18, Texas law pauses the statute of limitations until that person turns 18. From there, they have two years to file. For example, if a child was hurt at age 12, they may file until age 20.
The same rule can apply if someone has a legal disability that prevents them from understanding their rights. Once that condition is lifted, the clock starts.
Defendant Fleeing the State
If the person who caused the injury leaves Texas before a lawsuit can be filed, the time they are gone might not count toward the two-year limit. The clock could pause until they return.
Fraudulent Concealment
When a person or company hides their role in causing the injury, the statute may be extended. This delay only applies if you can show that the concealment prevented you from discovering what happened.
Mental Incapacity of the Plaintiff
If the injured person suffers from mental incapacity at the time of the accident and cannot make legal decisions, the clock may be paused until they regain capacity.
Special Circumstances That Affect Filing Deadlines
Some claims fall under different laws that shorten or extend the usual two-year rule. These often involve certain types of defendants or injuries.
Government Entity Claims
If your claim is against a city, county, or state agency, you must give them notice before filing a lawsuit. In some cases, you have just six months to send written notice of the injury. Some cities, like Dallas or Houston, have even shorter notice periods.
Failing to meet this notice deadline can block your claim, even if the two-year statute of limitations hasn’t passed.
Construction Defect Cases
Injury claims tied to defective construction may involve different timelines based on when the defect was discovered and when the project was finished. These cases often fall under the “discovery rule,” and involve additional legal requirements.
Toxic Exposure Claims
Injuries from exposure to dangerous chemicals, mold, or other harmful substances often don’t show up right away. If symptoms appear years later, the discovery rule may apply.
However, courts will still look closely at whether the injury could have been identified sooner.
Insurance Company Negotiations
Sometimes, insurers drag out talks hoping you’ll miss the deadline. While Texas law does allow both sides to agree to a written pause (called a tolling agreement), insurance companies rarely offer this unless pressed. Without it, your claim must still be filed on time or you risk losing it altogether.
Why Should You File Your Claim as Soon as Possible?
Even if you think you have two full years, waiting can backfire. Early action makes your case stronger and avoids unnecessary problems.
Preserving Evidence
Photos fade, security footage gets erased, and accident scenes change. The sooner your attorney starts collecting evidence, the better chance you’ll have of building a solid case.
Witness Memory and Availability
Witnesses forget details over time. Some move away or become impossible to contact. Talking to them early while their memory is still fresh helps your case.
Stronger Negotiating Position
Insurance companies take you more seriously when they know you’re prepared to file a lawsuit if needed. When you wait too long, they may use it to argue that your injuries weren’t serious or that you didn’t take the claim seriously.
Avoiding Last-Minute Rush
Waiting until the last few weeks leaves little time to prepare. Filing a case involves documents, deadlines, and legal filings. Trying to do all that under pressure increases the chance of a mistake.
How a Personal Injury Attorney Can Help
Getting legal help early in the process makes a big difference. Your attorney can guide you through each step and avoid delays or errors that cost you your claim.
Determining the Correct Statute of Limitations
Not all cases follow the same time limits. Your attorney will review the facts and confirm the correct deadline, including any exceptions that may apply.
Identifying All Potential Defendants
Sometimes, more than one party shares responsibility. For example, in a truck accident, the driver, their employer, or the truck manufacturer might all play a role. Your attorney can identify everyone who should be included in the claim.
Gathering and Preserving Evidence
An attorney knows what to look for, such as camera footage, maintenance records, witness statements, and how to get it before it disappears.
Filing Your Claim Properly and On Time
Filing a personal injury lawsuit involves legal paperwork that must follow specific rules. An attorney handles that process for you and keeps track of every deadline.
Maximizing Your Compensation
The insurance company will try to settle for less than your case is worth. Your attorney uses medical bills, expert reports, wage records, and other evidence to support a stronger demand for payment.
Steps to Take Right After Your Injury
What you do in the hours and days after the injury can affect your case long-term. Taking these steps helps protect your legal rights.
Seek Medical Attention Immediately
Always see a doctor right away, even if you think the injury is minor. Some symptoms don’t appear until later, and medical records help prove the injury happened when and how you said it did.
Document Everything
Keep copies of all medical records, bills, police reports, and any communication with the insurance company. Take photos of the scene, your injuries, and any damage.
Contact a Personal Injury Attorney
Don’t wait until problems start. A lawyer can advise you from the beginning and help make sure you don’t miss your deadline.
Avoid Common Mistakes That Could Hurt Your Case
Don’t give a recorded statement to the insurance adjuster without talking to your lawyer. Don’t post about the accident on social media. And don’t accept a personal injury settlement offer without fully understanding your rights.
FAQs About Filing a Personal Injury Claim in Texas
Can I still file a claim if I didn’t know I was injured right away?
Yes, the discovery rule may apply if you couldn’t have known about the injury until later. Your time limit might start from the date you discovered it.
What if I was partially at fault for my accident?
Texas uses modified comparative negligence. If you’re less than 51 percent responsible, you can still recover damages, but your payment will be reduced based on your share of fault.
How long do I have to file a claim against a city or county in Texas?
Most local government claims require written notice within six months. Some cities have shorter deadlines, so act fast.
Can the insurance company extend the statute of limitations?
Only if both sides sign a tolling agreement in writing. Verbal promises don’t count.
What documents do I need to file a personal injury lawsuit?
You’ll need a petition stating your claims, evidence of the injury and fault, medical records, witness statements, and other proof that supports your case.
Don’t Let Time Run Out on Your Claim
Texas law limits the time you have to file a personal injury claim. Waiting can hurt your chances of holding the at-fault party accountable. AMS Law Group helps injured people every day. Our team works hard to protect your rights, gather the right evidence, and push for the best result, whether through settlement or trial.
We’ve handled thousands of injury cases across Texas and understand how to deal with stubborn insurance companies that drag their feet or shift the blame. Our clients often walk away with better outcomes because we don’t let deadlines slip or leave details unfinished.
Contact us today for a free case evaluation. Let us help you take the next step while there’s still time.