Understanding the Texas Statute of Limitations for Personal Injury Claims
When a person suffers injuries because of someone else’s negligence, one of the most important legal concepts they must understand is the “Statute of Limitations.” Every state has laws that impose deadlines on how long an injured party has to pursue a legal claim. In Texas, the Statute of Limitations for most personal injury cases is generally two years from the date of the injury.
This means that if you are hurt in a car accident, slip and fall, workplace incident, or another type of accident caused by someone else’s actions, you typically have exactly two years from the date the injury occurred to either settle your claim or formally file a lawsuit in court. If that deadline passes, you could permanently lose your right to recover compensation for your injuries, medical bills, lost wages, pain and suffering, and other damages.
What Does the Texas Law Say?
The Texas Statute of Limitations for personal injury claims is found in Chapter 16 of the Texas Civil Practice and Remedies Code, Section 16.003. The statute provides:
“A person must bring suit for personal injury not later than two years after the day the cause of action accrues.”
The law also applies to wrongful death claims, property damage claims, and several other civil actions. In most situations, a cause of action “accrues” on the date the injury occurs. For wrongful death matters, the two-year period generally begins on the date of death.
While the wording of the statute may sound straightforward, determining when a claim officially accrues can sometimes become a complicated legal issue depending on the circumstances of the case.
Why the Two-Year Deadline Matters
The two-year filing deadline is not simply a suggestion—it is a strict legal requirement. Courts in Texas take the Statute of Limitations very seriously. If a lawsuit is filed even one day late, the court will likely dismiss the case entirely.
Unfortunately, many injured individuals wait too long before speaking with an attorney because they assume they have plenty of time. In reality, building a strong personal injury case can take months of investigation, evidence collection, medical treatment review, witness interviews, and negotiations with insurance companies.
Important evidence can disappear quickly after an accident. Surveillance footage may be erased, witnesses may become difficult to locate, and accident scenes can change over time. Waiting too long can seriously weaken a case even before the legal deadline expires.
What Happens If the Statute of Limitations Expires?
If the Statute of Limitations runs out before a lawsuit is filed, the injured party will likely lose the legal right to pursue compensation altogether. This means:
- The Texas court system may refuse to hear the case
- Insurance companies may deny any further negotiations
- The injured party could lose the ability to recover damages for medical expenses and lost income
- Valuable legal rights may be permanently forfeited
Even if liability is clear and the injuries are severe, failing to file within the required timeframe can completely bar recovery.
Because of this, it is critical to act quickly after any accident or injury and avoid assuming the insurance company will “take care of everything.”
Common Exceptions to the Texas Statute of Limitations
Although the standard deadline is two years, there are important exceptions that can extend or “toll” the filing period in certain situations.
Claims Involving Minors
When a child is injured, the Statute of Limitations typically does not begin running until the child turns 18 years old. This means the injured minor may have until their 20th birthday to file a personal injury lawsuit, regardless of how young they were at the time of the accident.
However, parents may still have separate claims related to medical expenses incurred before the child reaches adulthood, so it is important to consult an attorney as early as possible.
Mental Incapacity or Incompetence
Texas law also recognizes exceptions for individuals who are legally considered mentally incapacitated or incompetent during the limitations period. In certain circumstances, the statute may pause until the person regains legal competency.
These situations can become legally complex and often require careful legal analysis to determine how much time remains to file suit.
Defendant Leaves the State
Another exception may apply if the person responsible for the injury leaves Texas for a period of time after the accident occurs. Depending on the circumstances, the statute may be paused while the defendant is outside the state.
This type of tolling can affect the final filing deadline and should be evaluated carefully by legal counsel.
Insurance Claims vs. Filing a Lawsuit
One common misconception is that opening an insurance claim automatically protects a person’s legal rights. Unfortunately, this is not always true.
Even if settlement negotiations are ongoing with an insurance company, the Statute of Limitations continues to run unless a lawsuit is formally filed in court. Insurance adjusters are not required to remind injured parties about upcoming deadlines, and many claims remain unresolved until it is too late.
For that reason, injured individuals should never rely solely on verbal promises or ongoing negotiations when a filing deadline is approaching.
Why Speaking With an Attorney Early Is Important
Personal injury cases involve much more than simply filing paperwork. An experienced attorney can help:
- Determine the exact filing deadline
- Investigate the accident
- Preserve evidence
- Handle insurance negotiations
- Identify possible exceptions to the statute
- File suit before the deadline expires
- Protect the injured party’s legal rights
The earlier an attorney becomes involved, the greater the opportunity to build a strong case and avoid costly mistakes.
Final Thoughts on Texas Personal Injury Deadlines
Understanding the Texas Statute of Limitations is essential for anyone pursuing a personal injury claim. While two years may seem like a long time, delays can happen quickly after an accident, especially while recovering from injuries or dealing with insurance companies.
Missing the filing deadline can permanently prevent an injured person from recovering compensation, regardless of how strong the underlying case may be. Because every case is unique and exceptions may apply, consulting with a knowledgeable personal injury attorney as soon as possible is often the best way to protect your rights.
This blog is for informational purposes only and is not intended to, and should not be construed as legal advice. If you have questions regarding a personal injury claim or a potential Statute of Limitations issue, contact a qualified attorney to discuss the specific facts of your case. Feel free to contact one of our lawyers at 361-882-4357 for a free consultation.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
