If you’ve been injured in an accident in Texas, you only have a limited amount of time to take legal action. This time limit is called the statute of limitations. Once it passes, you can lose your right to file a lawsuit for good, no matter how successful your case might be otherwise.
Understanding how this deadline works can help you avoid a costly mistake in your personal injury case. Continue reading for a closer look at the rules and how they could affect your specific situation.
How Long Do I Have to File a Personal Injury Lawsuit in Texas?
Per Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of your injury to file a personal injury lawsuit in court.
This deadline applies to most types of injury cases, including:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Dog bites
- Workplace accidents
- Premises liability claims
Note that this time limit also applies to insurance claims in a sense. In order to “beat” the statute of limitations, you must either file a lawsuit in court or have your insurance claim completely finalized and signed.
When Does the Clock Start Running?
In most personal injury cases, the two-year clock starts on the date the accident happens. If you’re involved in a car crash on March 1, 2026, your deadline to file a lawsuit would be March 1, 2028.
However, there are situations where the starting point shifts. In wrongful death cases, for example, the clock doesn’t start on the date of the accident. Instead, it begins on the date the person passes away, which may be some time after the initial injury.
There are also cases where an injury isn’t obvious right away. In limited circumstances, Texas courts apply the “discovery rule.” Under this rule, the statute of limitations may not begin until the injured person discovers their injury. This comes up most often in cases like dangerous drug claims, where the harm may not show up for years.
Are There Any Exceptions to the Statute of Limitations in Texas?
While two years is the standard deadline, Texas law does recognize a handful of exceptions that can pause or extend the statute of limitations under certain conditions.
Minors
If the injured person is under 18 at the time of the accident, the statute of limitations is tolled, meaning it doesn’t start running until they turn 18. From there, they have the standard two years to file.
Mental Incapacity
If the injured person is mentally incapacitated at the time of the accident or becomes incapacitated as a result of their injuries, the clock is paused until they regain legal capacity. This ensures that people who can’t advocate for themselves aren’t unfairly barred from seeking compensation.
Defendant Leaves the State
If the person who caused your injury leaves Texas after the accident, the time they spend out of the state may not count toward the two-year deadline. This prevents someone from dodging a lawsuit simply by relocating.
What About Claims Against the Government?
If your injury was caused by a government employee or a government-owned vehicle, a shorter timeline applies. Under the Texas Tort Claims Act, you typically need to provide formal notice of your claim to the government entity within six months of the accident. Missing this notice deadline can end your case entirely.
Government claims also involve additional procedural requirements that don’t apply to standard personal injury cases. If you think the government may be at fault for your injury, reaching out to a personal injury attorney as soon as possible is critical.
What About Medical Malpractice and Product Liability Cases?
Medical malpractice claims in Texas follow the same two-year statute of limitations, but they come with an added layer. Texas imposes a 10-year statute of repose on healthcare liability claims. Product liability cases also have a statute of repose, but it is 15 years instead of 10.
This means that no matter when you discover the injury, you cannot file a lawsuit more than 10 (or 15, depending on your case) years after the date the incident occurred or when the product was purchased.
Contact a Dallas Personal Injury Lawyer at Benton Accident & Injury Lawyers to Schedule a Free Consultation
The Texas statute of limitations is a strict deadline, and missing it is final. If you’ve been involved in an accident that was someone else’s fault, the smartest thing you can do is talk to a personal injury lawyer before any filing deadlines pass.
Reach out to Benton Accident & Injury Lawyers at (214) 556-8321 to arrange a free consultation with an experienced Dallas personal injury attorney.
