How Long Do I Have to File a Personal Injury Claim in Texas?
If you or someone you know has been injured in a car accident, commercial vehicle wreck, or another incident because of someone else’s negligence, you only have a limited time to file a legal claim and demand compensation. Once this time passes, the courts may dismiss your lawsuit, making it impossible to get compensation for your physical, emotional, and financial losses.
In this blog, we’ll discuss what the phrase “statute of limitations” means, how long you have to file a personal injury claim in Texas, and why you should contact the skilled attorneys at Will Adams Law Firm for help navigating your case.
What Is a Statute of Limitations?
The statute of limitations is the maximum length of time you have to file a lawsuit. State set different timelines for different types of cases. If you have a legal claim under Texas law, the following deadlines might apply:
- Personal injury: two years from the date of the incident (such as the date of your car accident)
- Wrongful death: two years from the person’s death
- Cases against the government: provide notice within six months of the time of injury
In certain types of cases, like product liability claims involving a dangerous or defective device, other technical rules, like statutes of repose, can impact your claim’s time limits. When in doubt, consult with an experienced personal injury lawyer—they can help you ensure that your lawsuit is filed in time.
If you miss your deadline, you might lose your right to compensation.
For example, suppose you file a personal injury lawsuit three years after your car crash. You got busy and just didn’t file your lawsuit within the two-year window. While the clerk will accept your documents and filing fee, the insurance company’s lawyer could quickly file paperwork with the court, called a motion for summary judgment. This document will explain how you missed your filing deadline and asks the judge to dismiss your case. Unless you fall into a rare exception, the judge might grant this request—ending your legal claims.
Are There Exceptions to the Two-Year Statute of Limitations in Texas?
In Texas, personal injury claims generally must be filed within two years, but certain rare exceptions allow for “tolling” the clock. These primary exceptions apply to minors, who gain additional time upon reaching adulthood, and individuals of unsound mind. Furthermore, the limitations period may pause if a negligent party leaves the state. However, strict adherence to the standard deadline is usually necessary to preserve your right to legal recovery.
Understanding the Two-Year Rule in Texas
In the State of Texas, the statute of limitations for personal injury cases—ranging from car accidents to slip-and-falls—is strictly governed by the Civil Practice and Remedies Code. Specifically, Section 16.003 dictates that a person must bring suit not later than two years after the day the cause of action accrues. While this two-year window might seem generous, the complexities of gathering evidence, negotiating with insurance companies, and preparing a formal complaint mean that time disappears quickly. Missing this deadline typically results in the permanent loss of your right to seek compensation. However, the law recognizes that certain circumstances make it impossible or unfair to expect a filing within that window.
The Exception for Minors
One of the most frequently applied exceptions involves “legal disability” due to age. Under Texas law, the statute of limitations does not begin to run against a minor (anyone under the age of 18) at the time of the injury. Instead, the limitations period is “tolled,” or paused, until the individual reaches the age of majority.
Once the minor turns 18, the two-year clock begins to tick. This effectively gives them until their 20th birthday to file a lawsuit for injuries sustained during childhood. It is important to note a critical caveat: this tolling provision is personal to the minor. If a child unfortunately passes away due to their injuries, the tolling ends. The next of kin or the estate’s representative does not get the benefit of the extension; they must typically file a wrongful death claim within two years of the date of death.
Mental Incompetence and “Unsound Mind”
Similar to the protections for minors, Texas law provides relief for those suffering from a mental disability. If a person is of “unsound mind” at the time the cause of action accrues, the statute of limitations is tolled. The clock only begins to run once the disability is removed—meaning the person regains mental competency. Proving an “unsound mind” in a legal context is a high hurdle, usually requiring significant medical evidence and expert testimony to demonstrate that the individual was unable to manage their affairs or understand their legal rights.
The Absence of the Defendant
A less common but vital exception occurs when the negligent party leaves the state. If the person who caused the injury departs from Texas after the incident but before a lawsuit can be filed, the time of their absence may not be counted as part of the two-year period. This provision is designed to prevent defendants from “running out the clock” by simply hiding across state lines where Texas process servers cannot easily reach them. Once the defendant returns to the state, the countdown resumes.
The Discovery Rule
While not always applicable to standard personal injury cases, the “Discovery Rule” is another exception often discussed. This applies when an injury is inherently undiscoverable at the time it occurs. In such cases, the statute of limitations may not begin until the plaintiff knew, or through the exercise of reasonable diligence should have known, of the injury.
When an Attorney Misses the Deadline
If you have already retained legal counsel and they fail to file your lawsuit before the statute of limitations expires, the consequences are severe. Because the court will likely dismiss your personal injury case, your only remaining path for recovery may be a legal malpractice claim against your attorney. To succeed, you must generally prove the “suit within a suit” strategy: demonstrating that had your lawyer filed on time, you would have likely won your original personal injury case.
When Should I Consult With a Personal Injury Lawyer?
Two years might sound like a lot of time, but you should contact a lawyer long before your statute of limitations expires.
First, as time passes, memories will fade and evidence will disappear. If you wait a year or more to contact a lawyer, you might miss out on valuable information that could strengthen your case. For example, trucking companies only have to hold on to the drivers’ logbooks, maintenance records, and GPS data for a limited amount of time. This information, which can pinpoint the company’s errors and missteps could be long-gone if you wait too long.
Second, it takes time to build a strong legal strategy. Our lawyers might need to do detailed legal research, consult with expert witnesses, talk to your doctors, order medical records, and interview witnesses. It’s not a good idea to rush this process—and the more time we have, the better.
Contact Will Adams for Assistance With Your Complex Personal Injury Case
A personal injury can have severe and prolonged effects, and a wrongful death leaves the victim’s friends and family devastated and forever changed. And while you can never undo the wrong done to you or your loved one, filing a successful personal injury claim is the closest you can get to achieving justice on their behalf.
If you’ve been injured as a result of another person’s negligence, you should contact a proven and experienced personal injury attorney to help file your claim. With the amount of evidence collection, witness testimony, depositions, and medical treatment involved in your claim, things can get very complicated very quickly. A skilled lawyer can handle all of this and more and even take your case to trial if the insurance company fails to offer a fair settlement offer.
At Will Adams Law Firm, we have helped thousands of personal injury victims recover just compensation. Please call (281) 371-6345 or complete this brief form today to schedule your free consultation where we can discuss the details of your claim, offer sound legal advice, and begin building your case.
