If you were injured because of someone else’s negligence in Texas, you may have the right to pursue compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, you cannot wait indefinitely to file a claim. Texas law imposes strict deadlines, known as statutes of limitations, that determine how long you have to file a lawsuit.
Missing the applicable deadline can prevent you from recovering compensation, regardless of how strong your case may be. Understanding how the Texas statute of limitations works can help you protect your legal rights.
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit after suffering an injury or other legal harm.
These deadlines serve several purposes, including:
If the statute of limitations expires before you file your lawsuit, the court will likely dismiss your case, leaving you unable to recover compensation through the legal system.
In most cases, Texas law gives injured victims two years from the date of the injury to file a personal injury lawsuit. This deadline is established by Texas Civil Practice and Remedies Code § 16.003.
The two-year statute of limitations generally applies to many types of personal injury cases, including:
Although two years may seem like plenty of time, building a strong injury case often requires extensive investigation, medical documentation, witness interviews, and negotiations with insurance companies. Beginning the legal process early can help preserve valuable evidence.
In many personal injury cases, the statute of limitations begins running on the date the injury occurred.
For example:
However, not every case follows this general rule.
Yes. Certain situations may extend, delay, or otherwise affect the filing deadline.
Some of the most common exceptions include:
If the injured person is under 18 years old, the statute of limitations is generally “tolled,” meaning the clock does not begin running until the child reaches adulthood. In many cases, this gives the injured person until their 20th birthday to file a personal injury lawsuit, although parents or guardians may be able to pursue certain claims on the child’s behalf before then.
If an injured person is legally incapacitated at the time the injury occurs, Texas law may pause the statute of limitations until the disability is removed.
Under certain circumstances, if the person responsible for the injury leaves Texas after the incident, the time they are absent from the state may not count toward the statute of limitations. Whether this exception applies depends on the specific facts and applicable law.
Because these exceptions can be complex, it is important to seek legal advice if you believe an exception may apply to your situation.
No. Many injured people mistakenly believe that filing an insurance claim automatically preserves their legal rights. It does not.
Insurance negotiations can continue for weeks or even months, but the statute of limitations continues running during that time. If settlement negotiations fail after the deadline expires, you may lose the ability to file a lawsuit.
For this reason, many attorneys monitor filing deadlines carefully while negotiating with insurance companies.
Even if you still have months—or years—remaining before the deadline expires, waiting can make your case more difficult.
Evidence may disappear over time, including:
Acting promptly can also allow your attorney to investigate liability, preserve critical evidence, communicate with insurers, and accurately calculate your damages before important deadlines approach.
Missing the statute of limitations can have serious consequences.
If your lawsuit is filed after the applicable deadline, the defendant will likely ask the court to dismiss the case. In most situations, the court will grant that request unless a recognized legal exception applies.
This means you could lose the opportunity to recover compensation for:
Because the consequences are so significant, it is generally best not to wait until the deadline is approaching before speaking with a personal injury attorney.
If you were injured because of someone else’s negligence in Texas, don’t wait to learn about your legal options. The statute of limitations may limit the time you have to pursue compensation, and delaying action could put your claim at risk.
The experienced Austin personal injury lawyers at McMinn Personal Injury Lawyers can evaluate your case, explain the deadlines that apply, and help protect your rights from the very beginning. Contact us today at (512) 474-0222 for a free consultation.
