If you’ve been injured due to someone else’s actions or negligence, you may be entitled to seek compensation. But time is not on your side. In Texas, there are strict deadlines for filing a personal injury claim, and missing them could cost you the opportunity to recover any damages at all.
What Is the Statute of Limitations for Personal Injury in Texas?
In most cases, Texas law gives you two years from the date of the injury to file a personal injury lawsuit in civil court. This deadline applies to common personal injury cases, including:
- Car accidents
- Truck or motorcycle accidents
- Slip and falls
- Workplace injuries
- Medical negligence
- Dog bites
This two-year window is referred to as the statute of limitations, and it begins on the day the injury occurred.
In Texas, the statute of limitations serves to preserve the integrity of evidence and ensure that legal claims are brought while memories are still fresh (Texas Legislature, n.d.).
Why the Timeline Matters
Failing to file within this two-year window generally means the court will dismiss your case, no matter how serious your injury is or how clear the liability might be. In other words, you lose your right to compensation if you wait too long.
The earlier you start the process, the better your chances of gathering strong evidence, obtaining witness statements, and reaching a resolution that fairly reflects your losses.
Are There Exceptions to the Two-Year Rule?
Yes, a few important ones. Here are situations where the deadline may be extended or shortened:
1. Delayed Discovery of Injury
If your injury wasn’t immediately apparent (for example, internal injuries or toxic exposure), the clock may start when you discovered or reasonably should have discovered the injury.
2. Minors and Legally Incapacitated Individuals
If the injured person is under 18 or legally incapacitated, the statute of limitations is paused (“tolled”) until they reach legal capacity. For example, a 15-year-old injured in an accident typically has until they turn 20 to file a claim.
3. Government Claims
If your injury involves a government agency or employee (like being hit by a city vehicle), you have to file a notice of claim within 6 months of the incident, and in some cases, even sooner, depending on local laws.
What Should You Do If You’re Nearing the Deadline?
If you think you’re approaching the two-year mark since your injury, or if you’re not sure when your timeline started, it’s important to:
- Gather all documentation: medical records, police reports, witness contacts, and insurance communications.
- Avoid signing anything from insurance companies that might waive your rights.
- Seek guidance to determine your exact filing deadline and legal strategy.
Tips to Avoid Missing Your Deadline
- Don’t wait to seek medical attention. Prompt treatment helps with both your recovery and your legal case.
- Keep a written record of everything related to your injury, including dates, symptoms, and expenses.
- Document conversations with insurance adjusters and other parties.
- Act quickly, even if you’re unsure whether you want to pursue legal action yet.
Common Mistakes That Delay the Process
- Assuming you have more time than you do
- Believing the insurance company will settle fairly without legal help
- Not realizing that emotional or psychological injuries still count
- Overlooking documentation that proves the injury’s impact on your life
In Summary: Key Deadlines at a Glance
- Standard Texas personal injury claim: 2 years from the date of injury
- Injury involving government entity: Notice required within 6 months
- Injured minor: Clock starts when they turn 18
- Delayed discovery of injury: Clock starts when the injury is discovered
Let Wincorn & Associates Help You Move Forward
Every personal injury case is different, but the clock is always ticking. If you’ve been hurt due to someone else’s negligence, Wincorn & Associates is here to help you understand your legal rights and timelines. Our team serves clients across Texas with compassion and focus, helping them take the next steps toward recovery.
Start your personal injury claim process today. Contact Wincorn & Associates for a consultation.
Work Cited
Texas Legislature. (n.d.). Texas Constitution and Statutes. Texas Legislature Online. https://statutes.capitol.texas.gov/