Personal Injury Statute of Limitations in Texas

Suffering an injury because of someone else’s negligence can turn your life upside down. Between doctor visits, dealing with insurance, and trying to get back on your feet, the legal side of things might not be the first thing on your mind. But there’s something important you need to be aware of: you don’t have forever to take legal action.

Texas law sets a strict deadline for filing personal injury lawsuits, and if you miss it, you could lose your chance to recover compensation. In Texas, the personal injury statute of limitations is two years, as set by Texas Civil Practice & Remedies Code section 16.003. This means you have two years from the date of an injury accident to file a lawsuit against the party responsible for your injuries. If you do not file a lawsuit for your case within this 2-year period, in most cases the courts will refuse to hear your case at all.

You must file your lawsuit within this timeline to avoid losing a chance to receive damages for your injuries or else you right to seek damages expires. Although the statute of limitations in Texas vary by the type of case being presented, generally the 2 year statute applies to most personal injury claims.

What Is a Statute of Limitations?

Generally, a statute of limitation is a type of law that prevents an individual from initiating a lawsuit against another individual, group of people, or entity after a certain period of time has passed. How long you can wait to file a lawsuit in Texas depends on the type of harm caused to you. As it relates to personal injury claims, a statute of limitations is an imposed limit on the duration you have to file a lawsuit after suffering an injury due to the negligence of a third party.

Every state in the United States sets statutory limits on the duration you have to file a lawsuit, and those statues of limitations vary both by state and the type of harm incurred. For example, the statue of limitations for a claim against an individual may vary from a claim against a government entity. This article helps outline the civil statute of limitations in every state in the United States.

What Is the Statute of Limitations for Texas Personal Injury Claims?

In Texas, you have two years from the date of your injury to file a personal injury lawsuit. This deadline is set by Texas Civil Practice & Remedies Code § 16.003. If you miss this window, the court will likely dismiss your case, and you won’t be able to recover any compensation.

This two-year rule applies to most personal injury cases, including car accidents, slip-and-fall incidents, and other situations where someone else’s negligence caused harm. For example, if you were injured in a car crash on March 1, 2024, you would typically have until March 1, 2026, to file a lawsuit.

There are some exceptions that might give you more time, but they are limited and depend on specific circumstances. That’s why it’s always best to speak with a lawyer as soon as possible to make sure you don’t run out of time.

What if I File the Injury Lawsuit After the Deadline?

Should you file your lawsuit after the two-year window has lapsed, the court may refuse to hear that claim. This means you will lose a chance to get fair compensation regardless of how strong your case is. After you file the case, the defendant will likely file a motion to dismiss the case based on a lapsed deadline. The court will summarily dismiss the case. However, there are rare exceptions that may entitle you to extra time. Contact your personal injury attorney whenever you are in doubt.

What are the Exceptions to the Statute of Limitations for Personal Injury Claims in Texas?

The state of Texas has identified several situations that may extend the filing deadline to allow litigants to file their injury claims past the two-year limit.

A few scenarios that may likely lead to the modification of the statute of limitations include:

1. Claims Involving Minors and Legally Disabled Persons:  Where the injured person is legally termed as “Under a legal disability” as per Texas law, the statute of limitations may be modified. A person who is termed as “under a legal disability” could either be under the age of 18 or of “unsound mind” when the accident or incident that caused them personal injuries occurred. In such a case, the deadline clock is paused until the period of legal disability is over. This means that the statute of limitations will be applied once the injured person turns 18 or becomes mentally healthy.
2. Claims Against First-Party Automobile Insurance:  In Texas, the deadline for filing the claim against first-party automobile insurance (i.e., your own insurance company) is between two and four years. First-party automobile insurance suits include an underinsured motorist claim, an uninsured motorist claim, or a personal injury protection claim. These lawsuits are filed against your own insurance company according to a written contract.
3. Wrongful Death Claims:  There is an exception to the statute for cases where the victim dies as a result of their injuries. In these cases, the statute of limitations is extended to 2 years from the date of death to allow survivors to file a wrongful death claim. For example, if a loved one dies 6 months after an accident from injuries sustained in the accident, the statute starts to run 2 years after the date of death instead of the date of incident.
4. Inherently Undiscoverable Injuries (i.e., The Discovery Rule):  If an injury qualifies as “inherently undiscoverable” within the two-year statute of limitation, by the exercise of due diligence a claim can be subject to the discovery rule. If the court rules that the discovery rule applies, the statute of limitations is suspended until such a time when the injury is discovered in the exercise of due diligence.
5. Defendant Leaving the State:  If the defendant leaves the state of Texas at some point after the accident and before the lawsuit is filed, the deadline clock will pause until their return. As such, the period of their absences is not counted as part of the two years stated in the statute of limitations.
6. Injury Claims Against the State of Texas:  The Texas Tort Claims Act reduces the statute of limitations from 2 years down to 6 months for claims made against the State of Texas.
7. Maritime Claims:  Under Title 28, § 1333 in the United States, the federal courts have jurisdiction over any and all maritime laws and claims, including the right to file a maritime lawsuit in state courts. Maritime accidents are complex and have several statute of limitations that may apply under state and federal law. However, the standard time for filing maritime claims in Texas is three years from when you suffer an injury.
8. Asbestos and Silica-Related Claims:  Claims for personal injuries or death that result from asbestosis or silica-related illnesses have an extended statute of limitations. The two-year statute limit will not run before the date of the exposed person’s death or and the date that you serve a defendant a required report.
9. Claims Involving Sex Crimes Against Adults:  Under Texas law, a victim of sex crimes should bring a suit for personal injury not later than five years from the day they suffered harm. The injury should arise due to conduct that infringes specific provisions of Texas Penal Code Chapter 21 and Texas Penal Code Chapter 43 that outlaw sexual assault of an adult, aggrieved sexual assault of an adult, actions that promote the prostitution of an adult, and sexual trafficking of an adult.

Why is There a Statute of Limitations?

When it comes to legal proceedings, timing is of the essence. One crucial component of the legal system is the statute of limitations. The statute of limitations have been part of the United States judiciary system for hundreds of years. The main objective of these rules is to protect a defendants’ rights and enhance the credibility of the court processes. These rules encourage the plaintiffs to pursue their lawsuit with some level of diligence.

The Reasons a Statute of Limitations Exists

1. Prevention of Stale Claims:  Over time, evidence can deteriorate, witness memories can fade, and individuals can relocate or pass away. The longer someone waits to file a lawsuit or file charges, the more likely it is that crucial evidence will be lost, making it more difficult to prove a case. As a result, the statute of limitations is in place to encourage individuals to investigate and pursue legal action in a timely manner. The statute of limitations also ensures critical evidence is not lost over time. Further, it guarantees the witnesses who will testify in court can draw on more recent and reliable memories.
2. Encouragement of Settlements:  When a lawsuit is filed quickly after an event occurs, parties are more likely to settle before the case goes to trial. This often results in a quicker resolution and reduces the cost and burden of prolonged litigation. For this reason, the statute of limitations is designed to strike a balance between allowing individuals to pursue legal claims and promoting the efficient resolution of such claims.
3. Protection from Fraudulent Claims:  Imagine being sued for an event that occurred 20 years ago, and having no way to defend yourself because witnesses have disappeared, evidence is long gone, and memories have faded. Statutes of limitations prevent individuals from asserting fraudulent claims long after their supposed cause of action. In this way, the statute of limitations provides a measure of fairness and protection to defendants. If there were no statute of limitations, someone could theoretically file a lawsuit decades or even centuries after an alleged offense occurred.
4. Legal Efficiency:  By limiting the timeframe for legal claims, courts can give priority to more recent matters without the burden of devoting resources to older cases. Limiting the period of time in which legal action can be taken can also encourage plaintiffs to build stronger arguments in a shorter period of time, resulting in more well-crafted cases. Further, by requiring that lawsuits be filed within a certain timeframe, it helps to ensure that only meritorious claims are brought to court. This helps to reduce the burden on our legal system and ensures that resources are used appropriately.

Who Came Up With the Idea for a Statute of Limitations?

The concept of a statute of limitations dates back centuries, to the time of Ancient Greece and Rome. In fact, the concept was first introduced by Solon, an Athenian who lived around 600 BC. He believed that disputes should be resolved quickly and fairly, and that a time limit should be placed on when claims could be brought. The idea spread to Rome, where the statute of limitations became a cornerstone of their legal system.

Is the Statute of Limitations for Personal Injury Claims Different in Every State in the US?

Yes. In the United States, personal injury claims have statutes of limitations which vary from state to state. Furthermore, the exceptions to the statute of limitations also vary from state-to-state. For example, the statute of limitations in Louisiana for personal injury claims is 1 year (Louisiana Statutes Annotated Code Article 3492), whereas the statute of limitations in Maine is 6 years (Maine Revised Statutes Annotated Title 14, § 752).

For these reasons, it is important for attorneys to understand the statute of limitations that applies in each state and the exceptions to the limitations when making a legal representation. Click here to see the statute of limitations by state in the United States.

Does Texas Have Any Laws That Limit Personal Injury Damages?

In Texas, there are no set limits on the amount you can recover in a personal injury case. Unlike some states that cap things like pain and suffering or emotional distress, Texas allows for a full range of damages without those restrictions. That said, it’s important to remember that Texas has a personal injury statute of limitations, meaning there’s a time frame within which you must file your claim. If you wait too long, you could lose your chance to seek compensation, so it’s important to act promptly.

Texas Medical Malpractice Statute of Limitations

In Texas, the statute of limitations for medical malpractice cases is generally two years. That means you have two years from the date of the injury to file a claim. However, things are not always that straightforward. Medical malpractice often involves situations where the harm caused by a healthcare professional isn’t immediately obvious.

For example, if a doctor prescribes the wrong medication, the effects might not show up right away. Or, if a surgeon makes an error during a procedure, the damage might not be apparent until months or even years later. In these cases, Texas law follows the “discovery rule.” This means the clock doesn’t start ticking until you discover, or reasonably should have discovered, the injury.

This is particularly important in medical malpractice cases. You might not realize something went wrong until symptoms show up later or you receive a diagnosis. The personal injury statute of limitations Texas uses takes this into account, allowing you more time to file if the injury was not immediately noticeable.

Texas Wrongful Death Statute of Limitations

If you’ve lost a loved one due to someone else’s negligence, you typically have two years from the date of their death to file a wrongful death claim. This deadline is critical, as waiting too long can prevent you from pursuing compensation for your loss. A wrongful death lawsuit can help cover things like medical bills, lost wages, funeral expenses, and the emotional suffering experienced by the family, including spouses and children.

The personal injury statute of limitations in Texas also applies in these cases. Family members like spouses, children, or parents, as well as a personal representative of the deceased’s estate, can file the claim.

It’s important to act quickly, as filing within this two-year window helps ensure you have the opportunity to seek justice and support during such a difficult time.

Texas Statute of Limitations for Government Lawsuits

Filing a lawsuit against a government entity in Texas can be tricky because of something called “sovereign immunity,” which generally protects government agencies from being sued. However, the Texas Tort Claims Act (TTCA) provides exceptions to this immunity, allowing individuals to file claims for personal injury, property damage, or wrongful death under certain conditions. For example, if a government employee causes injury while operating a motor vehicle or using government-owned property, the government entity may be held liable.

The personal injury statute of limitations in Texas gives you two years from the date of the incident to file your lawsuit. However, when suing a government agency, there’s an added requirement. You must notify the government entity of your claim within six months of the incident, however, some cities and counties might have different deadlines. If you miss this notice deadline, you could lose your right to pursue legal action. So, if you believe a government entity is responsible for your injury, it’s important to act fast and follow the necessary steps under the TTCA.

Why You Should Act Fast After an Injury

It’s important to take action quickly once you’ve been hurt. The sooner you start your personal injury claim, the better you can preserve the evidence. Things like photos of the accident scene, medical records, and even witness statements can fade or get lost over time. Acting fast helps keep everything intact. The longer you wait, the harder it might be to prove your case, and that could affect how much you can recover.

Don’t let time slip by, acting quickly can make all the difference in the outcome of your case.

How Thompson Law Can Help You File on Time

Thompson Law is ready to help you with every step of the process. They know all about the personal injury statute of limitations in Texas and will make sure you don’t miss any important deadlines. They’ve got experience handling tough cases and can find out if there are any exceptions that could work in your favor. Their team works on a contingency fee basis, so you only pay if they win your case. It’s a way to get the help you need without worrying about upfront costs. Check out our results here and learn more about contingency fees here.

Get a Free Consultation with Thompson Law

At Thompson Law, we understand how important it is to act quickly after an injury. Every day without compensation can add to your financial strain and emotional stress. The longer you wait, the harder it can be to get the justice you deserve.

Our team is experienced in handling all types of personal injury cases, and we know what it takes to secure the best possible outcome. We don’t cut corners and make sure we gather all the details needed to build a strong case for you.

If you’ve been injured, don’t hesitate to reach out for a free consultation. You can send us a message online or give us a call. We’re here to help and ready to fight for your rights.