If you’ve been injured in an accident in Texas, one of the first legal concepts you’ll encounter is the “statute of limitations.” This term plays a significant role in whether or not you can file a personal injury claim and seek the compensation to which you may be entitled. But what exactly does it mean, and how does it impact your case?
Below, we’ll break down the statute of limitations as it pertains to personal injury claims in Texas, explain the rules, and provide examples to make it all clear.
What is the Statute of Limitations?
Simply put, the statute of limitations is the legal deadline by which a person must file a lawsuit. After this set period expires, you lose the legal right to seek compensation for your injuries through the court system.
For personal injury cases, this ensures that claims are filed in a timely manner, preserving the integrity of evidence and witness testimony.
Texas’ Statute of Limitations for Personal Injury Claims
Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for personal injury claims is two years from the date of the injury. This means that if you were injured in a car accident, a slip and fall, or any other incident caused by someone else’s negligence, you have exactly two years from the day the injury occurred to file your case.
For example, if you’re injured on July 1, 2024, you must file your claim no later than July 1, 2026. Missing this deadline usually means the courts will dismiss your case, and you will no longer be eligible for damages.
When Does the Clock Start for the Statute of Limitations?
In most personal injury cases in Texas, the clock starts ticking from the date of the accident or injury. However, there are certain situations where this timeline may change.
Exceptions to the Rule
Texas law provides specific exceptions to the two-year deadline, which can potentially extend the statute of limitations. These exceptions include:
- The Discovery Rule: If your injury was not immediately apparent, the statute of limitations starts from the date you discovered (or reasonably should have discovered) the injury.
Example: If you’re exposed to harmful chemicals at work and develop a related illness years later, the clock may start once a medical professional connects your diagnosis to the exposure.
- Minors and People with Legal Disabilities: If the injured party is a minor or has a legal disability at the time of the injury, the statute of limitations is paused (or “tolled”) until the individual turns 18 or the disability is resolved.
- Cases of Fraud or Concealment: If the at-fault party actively attempts to conceal their wrongdoing, the statute of limitations may not begin until the facts of the case are revealed.
Why the Statute of Limitations is Crucial in Personal Injury Cases
The statute of limitations for personal injury cases in Texas underscores the importance of acting quickly after an accident or injury occurs. Waiting too long to start your legal process can result in the loss of evidence, fading witness memories, and—most critically—the inability to bring your claim to court.
Practical Example:
Imagine you’re involved in a car accident on January 15, 2023, and you sustain serious injuries. You focus on recovery and assume you have plenty of time. However, you don’t begin the legal process until February 2025, over two years later. Unfortunately, at that point, the statute of limitations has expired, and the courts will likely dismiss your case.
Staying aware of deadlines is your best defense against losing your right to seek compensation.
How Can You Ensure Your Claim is Filed on Time?
Navigating a personal injury claim while managing the physical and emotional toll of an injury can be overwhelming. To ensure your claim is filed within the statute of limitations—and to build the strongest case possible—you should work with an experienced personal injury attorney as soon as possible.
A legal professional can help you identify exceptions, gather evidence, and determine the best strategy for your unique situation.
Don’t Delay—Take Action Today
If you’ve suffered a personal injury in Texas, time is of the essence. The two-year statute of limitations is a firm deadline, but exceptions may apply to your case. Consulting an attorney early in the process ensures you understand your rights and options fully.
Need help getting started? Reach out to a qualified personal injury attorney today to protect your rights and pursue the justice you deserve.
