How Long Do I Have to File a Personal Injury Lawsuit in Texas?

How Long Do I Have to File a Personal Injury Lawsuit in Texas?

If you have been injured and you want to file a claim to pursue compensation, you only have a limited amount of time to take action. Whether your crash happened on Interstate 35 near Dallas or you were hurt when you fell at a business in Pflugerville, the time limit to file can affect your ability to recover compensation.

Texas Personal Injury Statute of Limitations for Most Cases

In most Texas personal injury cases, you have two years to file a lawsuit. This deadline is set by the Texas Civil Practice and Remedies Code § 16.003, which generally requires a lawsuit to be filed within two years after the claim “accrues.” In legal terms, this is known as the statute of limitations.

In most standard cases, a claim accrues on the date of the injury. However, some cases may involve different accrual rules, so the date the limitations period begins is not always straightforward.

This and plenty of other situations can be more complicated, so it is important to confirm the correct start date as early as possible.

When the Two-Year Deadline Might Change

Some personal injury claims follow different rules, and some circumstances can pause or shorten the timeline.

• Minors or legal disability: Texas law can delay certain deadlines when the injured person is under a legal disability, including being under 18 or of unsound mind (§ 16.001).
• At-fault party temporarily out of Texas: Time may be suspended while the person you would sue is absent from the state (§ 16.063).
• Claims involving a city, county, or other government unit: State law typically mandates a notice deadline of just six months for claims against government entities under the Texas Tort Claims Act (§ 101.101).
• Medical malpractice and other health care liability claims: These cases can have special timing rules and additional requirements (§ 74.251).

Because the right deadline depends on the facts, you should avoid assuming you have “plenty of time.”

What Happens If You Miss the Deadline?

If you file your claim or lawsuit after the statute of limitations expires, the court can dismiss it. In many cases, that ends the legal claim even if the injury was serious and the other party was clearly at fault.

Steps to Protect Your Claim Before the Deadline

If you think you may have a claim, these steps can help preserve it:

• Get medical care right away and follow your treatment plan.
• Document what happened with photos, incident reports, and witness contact information.
• Keep records of medical bills, time missed from work, and out-of-pocket costs.
• Avoid giving recorded statements to an insurer until you understand the risks.
• Speak with a lawyer early so evidence can be collected before it disappears and deadlines can be confirmed.

Talk With Angel Reyes & Associates About Your Deadline

If you were injured anywhere in Texas, Angel Reyes & Associates can help you understand which deadline applies and what to do next. We offer free initial consultations to help you evaluate your options and move your case forward. With over 30 years of experience helping injured Texans, we know what it takes to hold those responsible for your injuries accountable. Contact us today to get started.