How Long After a Car Accident Can You Claim Injury in Texas?
After a crash, it’s natural to focus on healing and getting life back on track. But in Texas, you only have a limited time to act if you want to recover damages for your injuries.
In most cases, you have two years from the date of the accident to file a personal injury lawsuit.
Missing this deadline could mean giving up your right to any compensation—no matter how serious your injuries are. That’s why it’s crucial to know the rules, the exceptions, and the steps to protect yourself.
Quick Guide: Key Points to Remember
- Standard Deadline: Two years from the accident date.
- Possible Exceptions: Delayed symptoms, minors, mental incapacity, fleeing defendants.
- Government Vehicle Accidents: Require action within six months.
- Act Quickly: Waiting can cost you critical evidence—and your right to compensation.
What Is the Statute of Limitations for Personal Injury in Texas?
Under Texas Civil Practice & Remedies Code § 16.003, most personal injury claims—including car accident cases—must be filed within two years of the accident date.
- The two-year period begins on the date the crash happens.
- This deadline applies to filing a lawsuit, not necessarily to insurance claims (which may have their own, even tighter timelines).
If you miss the two-year filing window, Texas courts will likely dismiss your case entirely, leaving you with no legal recourse against the at-fault party.
Learn the six key points of the injury claim process.
Are There Exceptions to the 2-Year Rule?
While the standard rule applies to most situations, Texas law does make room for exceptions. Understanding these can make all the difference if your accident circumstances are unique.
Discovery Rule (Delayed Injury Symptoms)
Some injuries, like soft tissue damage or internal bleeding, don’t always show up immediately.
The discovery rule allows the two-year clock to start when:
- You actually discovered your injury, or
- You reasonably should have discovered it through proper medical evaluation.
Understand why you shouldn’t wait to see a doctor after a car accident.
Claims Involving Minors
If a child under 18 is injured, Texas law “tolls” (pauses) the statute of limitations. The two-year countdown doesn’t start until the minor turns 18, giving them until age 20 to file their lawsuit.
Mental Incapacity or Disability
When an accident leaves a victim mentally incapacitated, Texas courts may delay the statute of limitations until mental competence is regained.
Severe brain injuries are a common reason this exception applies.
Defendant Leaves Texas
If the at-fault driver flees Texas or hides their whereabouts after the crash, the law can pause the two-year clock until they return to the state or are found.
Each of these exceptions requires strong evidence and often legal interpretation, which is why talking to an experienced attorney is key.
What If You Were Injured by a Government Vehicle in Texas?
When a government entity is involved whether a city bus, police car, or TXDOT road maintenance truck the process is different and deadlines are much shorter.
Under the Texas Tort Claims Act:
- You must file a formal notice of claim within 6 months of the crash date.
- The notice must include critical information:
- The time and place of the incident
- A description of the injuries
- The identity of involved government employees
Filing a lawsuit without giving proper notice can destroy your ability to recover any compensation.
Also, claims against government entities are subject to damage caps meaning there’s a limit to how much compensation you can receive, no matter how severe the injuries.
Understand Texas settlement maximums and damage caps.
Why You Shouldn’t Wait to File a Claim
Even if two years seems like a long time, waiting is risky. Every day that passes can weaken your case.
Here’s why:
- Critical evidence disappears: Surveillance videos, crash debris, and vehicle data can be lost or destroyed.
- Witness memories fade: People’s recollections of events become less reliable over time.
- Insurance companies fight harder: They may argue your injuries aren’t serious or were caused by something else if you wait too long.
Learn why early legal representation is critical after a crash.
What If You Didn’t Realize You Were Injured Right Away?
It’s common for adrenaline after a crash to mask pain and symptoms. But just because an injury didn’t surface immediately doesn’t mean you’re out of options.
If you notice symptoms days or even weeks later:
- Seek medical care immediately.
- Document everything.
- Consult an attorney.
Insurance companies often challenge claims involving delayed injuries. Having a strong legal team behind you makes it harder for them to deny or undercut your case.
When to Talk to a Texas Personal Injury Attorney
The best advice? Don’t wait.
Contact an attorney as soon as you’re injured—or as soon as you realize you might have a claim.
- An attorney can help determine if exceptions to the two-year deadline apply.
- They can protect your right to compensation by filing notices on time.
- They can negotiate with insurance companies while you focus on healing.
At Angel Reyes & Associates, we’ve helped thousands of Texans through their toughest moments after serious crashes. You don’t have to navigate it alone.
Schedule your free case review today.
FAQs About Filing a Car Accident Injury Claim in Texas
What happens if I miss the two-year deadline?
Texas courts will likely dismiss your case, and you lose the right to pursue any compensation.
Does an insurance claim count as filing a lawsuit?
No. Filing an insurance claim does not stop or extend the statute of limitations. Only filing a lawsuit in court preserves your legal rights.
How does the discovery rule affect the two-year deadline?
If you didn’t know about your injury right away, the two-year countdown may start from when you discovered (or should have discovered) the injury.
Can a minor injured in a car accident file later?
Yes. If a child is injured, the two-year clock doesn’t start until their 18th birthday, giving them until age 20 to file a claim.
Should I talk to the insurance company before calling a lawyer?
It’s safer to speak with an attorney first. Insurers often try to settle quickly and cheaply before you understand the full value of your case.
