If you have suffered an injury because of someone else’s negligence, you may be able to file a lawsuit. Your right to legal action depends partly on a rule called the statute of limitations, which sets the maximum time allowed to file a claim.
In Texas, the statute of limitations for most personal injury cases is two years. However, different deadlines may apply depending on the circumstances of your case. If you fail to file within the correct time frame, you may lose the ability to recover compensation and hold responsible parties accountable.
This article explains the time limits for filing personal injury claims in Texas. Use it as a basic guideline, but contact The Stephens Law Firm if you’ve been injured and would like to file a personal injury claim in Texas.
Understanding the Texas Statute of Limitations
The Texas statute of limitations is your deadline for filing a personal injury claim. The two-year time frame starts when you suffer an injury. For example, if you were in a car accident on January 1, 2024, you have until the same date in 2026 to file, assuming no exceptional circumstances apply.
Types of Personal Injury Cases and Their Time Limits
The time limit to file an injury lawsuit in Texas can differ based on the kind of case involved. For example:
- Motor vehicle accidents: The standard two-year statute of limitations applies to most Texas car accident case filings, but legal exceptions, such as in hit-and-run accidents and underinsured motorist crashes, can affect the filing deadline.
- Slip and falls: The two-year timeline applies for slip and fall cases, but if your accident occurred on municipal property and you’re filing a claim against a government entity, you must give notice within six months of the incident.
- Medical malpractice: The standard time frame is two years, but exceptions may be available. For example, Texas limits the time for filing a malpractice lawsuit to 10 years from the disputed action, even if the two-year deadline has not yet passed. This rule, known as the statute of repose, sets an absolute deadline, regardless of when the injury is discovered.
- Wrongful death: Eligible family members must file a claim within two years from the date of death rather than the date of injury. This ensures that the claim is made in a timely manner following the loss of a loved one.
- Product liability: The standard two-year statute of limitations applies, but the clock may begin later if the defect or injury is discovered after the product was used or sold.
- Assault and battery: The two-year time frame applies to matters involving intentional or reckless injury, purposeful threat of injury, or offensive physical contact.
Exceptions to the Statute of Limitations
The two-year personal injury statute of limitations applies to most personal injury lawsuits in Texas, but some circumstances may extend or shorten that time frame.
Discovery Rule
An injury may not be immediately apparent after the incident that caused it. A victim may leave an accident scene feeling fine, only to discover the injury days or weeks later. Under Texas’s “discovery rule,” the two-year statute of limitations begins on the date of discovery, and not on the date the injury occurred.
The discovery rule ensures fairness for victims who may not immediately realize they’ve been harmed or injured. For example, a victim in a product liability case may develop an illness years after exposure to a toxic product, or a car accident victim may start to experience back pain a month or two after the crash.
The “discovery rule” is also common in medical malpractice cases. A patient may not be aware of a health care professional’s harmful actions for months or years.
Cases Involving Minors
In the case of injuries to children, the two-year time frame will not start until the child’s 18th birthday. This is true no matter how old the child was when the injury occurred.
For example, if a car accident injured a two-year-old and a 15-year-old, the statute of limitations would typically pause for up to three years for the older child and 16 years for the younger.
Government Entities
A lawsuit against a government entity can be complicated with strict filing requirements. The Texas Tort Claims Act defines how government entities can be sued and held liable for personal injury, such as accidents involving government vehicles or injuries on public property.
Under the Act, a plaintiff must notify the government of the claim against it within six months of the incident. Some government entities have even stricter requirements. For example, the City of Houston requires notice of an injury within 90 days.
Mental Incapacity
If experts conclude the injured person was mentally incapacitated at the time of the incident, the statute of limitations typically pauses. The pause generally lasts until they regain mental soundness.
This legal pause—known as “tolling”—recognizes that someone who is not mentally unstable may not be able to understand their rights or take legal action. The pause generally lasts until they regain mental soundness, at which point the clock on the statute of limitations begins running again. This rule is meant to protect vulnerable individuals and ensure they have a fair opportunity to pursue a claim once they’re able.
Why Acting Quickly Is Crucial
Act quickly to ensure you have the time to build a strong case and meet legal deadlines. Preparing your claim takes time, as you’ll need to identify and gather key pieces of evidence and consult a trusted attorney to protect your legal rights.
Delays can make accessing the evidence you need to prove your case harder. For instance, witness testimony can strengthen your case, but bystanders’ memories fade quickly. Nearby businesses may unknowingly delete surveillance footage that could substantiate your claim, and even the parties involved can lose notes or photos from the scene.
Missing the filing deadline usually means permanently losing your right to sue. Consult one of our skilled personal injury attorneys as soon as possible after your accident so you don’t fall victim to delays.
How Stephens Law Firm Can Help With Your Personal Injury Claim
As a diligent Houston personal injury lawyer, Joe Stephens draws on over 40 years of experience representing accident victims. He is one of only a handful of attorneys in Texas to be double board-certified in personal injury law and trial advocacy, a testament to his expertise in trying injury cases in court.
Joe has a strong record of success, including multimillion-dollar case results. He gives the same personal attention to all cases, big or small, and is dedicated to offering superior legal services to every client. We provide compassionate and skilled representation, and you pay nothing until Joe wins your case.
Reach Out Today To Get Started
The time frame to file a Texas accident lawsuit is usually two years, with select exceptions. Missing your filing deadline typically means losing your right to sue. Contact us today at (281) 623-1701, or use our online contact form to begin the process.
