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Is There a Deadline to Make a Claim?

All states have an imposed deadline or time period coded in law that limits the time a party can make a claim. This time limit, otherwise known as the Statute of Limitations for personal injury claims is 2 years in the State of Texas. This means that if you are injured today, you have exactly 2 years from that date to either resolve your claim or file a lawsuit on your matter in the state’s civil court system. This rule is detailed in Chapter 16 of the Texas Civil Practice and Remedies Code, Title 2, Section 16.003, and reads as follows:


  • Except as provided by Sections 010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
  • A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

It is extremely important to understand and make note of this rule as you or a loved one navigate through a personal injury claim. If suit is not brought within the 2 year time period after the injury occurs, your claim with likely be forever barred and the civil court system in the State of Texas will not hear your case, along with losing your right to any compensation you may have been afforded if the lawsuit was brought in a timely fashion, adhering to the 2 year Statute of Limitations in the State of Texas for personal injury.

Some exceptions do exist, for instance, the statute of limitation for a minor who was injured does not start running or “tolling” until the child turns 18, regardless of the minor’s age at the time of the injury. There are also exceptions carved out in the Statute of Limitations for those who have been found to be incompetent for a period of time during the Statute of Limitations period, or for instance If the Defendant in the claim was out of state for any time during the Statute of Limitations period, the deadline could be extended. In any event, if you are an injured party, it is important to talk to a personal injury attorney who can advise you of the applicable deadlines for your matter, and if you have a Statute of Limitations issue.

*This blog is for informational purposes only and is not intended to, and should not be construed as legal advice. Feel free to contact one of our lawyers at 361-882-4357 for a free consultation.