In Texas, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. This means that if you were injured due to someone else’s negligence—such as in a car accident, slip and fall, or workplace incident—you have two years from the date of the accident to file a lawsuit in court.
Exceptions to the Two-Year Rule
While the two-year deadline applies in most cases, there are some exceptions that may shorten or extend the time you have to file a claim:
- Claims Against Government Entities – If you’re filing a claim against a city, county, or state government in Texas (such as for injuries caused by a government employee or on public property), you typically have only six months to file a formal notice of claim. Some cities, like Houston and Austin, have even shorter deadlines.
- Minors and Legally Incapacitated Individuals – If the injured person is a minor (under 18) or was mentally incapacitated at the time of the injury, the statute of limitations may be “tolled” (paused) until they turn 18 or regain capacity.
- The Discovery Rule – In some cases, an injury may not be immediately apparent (e.g., medical malpractice or toxic exposure cases). The clock may start running when the injury is discovered or reasonably should have been discovered rather than on the date of the incident.
- Wrongful Death Claims – If a personal injury results in death, the deceased’s family typically has two years from the date of death (not the date of the injury) to file a wrongful death lawsuit.
What Happens if You Miss the Deadline?
If you fail to file within the statute of limitations, your case will likely be dismissed, and you will lose your right to seek compensation. Insurance companies are also aware of these deadlines and may refuse to negotiate once the time limit has passed.
Act Quickly to Protect Your Rights
Since legal claims require gathering evidence, medical records, and witness statements, it’s best to start the process as soon as possible. Consulting with a Texas personal injury attorney early can help ensure you meet all deadlines and maximize your compensation.
