Texas Personal Injury Statute of Limitations Explained

Personal injury victims in Texas do not have an unlimited amount of time to file a claim seeking compensation. Due to a deadline known as the statute of limitations, most victims only have two years from the date of the accident or incident to take legal action. However, there are some factors that can alter the statute of limitations and affect when it starts running. Understanding the timeline that may apply to your case is important, as failing to file within the applicable deadline generally bars you from recovering compensation altogether.

What Can Affect the Statute of Limitations in Texas?

In Texas, most personal injury claims must be filed within two years from the date of the accident or incident that gave rise to the injury, but there are a number of exceptions based on the nature of the injury, how the injury happened, who the injured party is, and who is alleged to have caused it.

Claims Involving Delayed Injuries

While most injuries are immediately apparent, there are some rare situations in which an injury is not discovered until long after the accident has occurred. In these cases, the clock begins to run when the victim discovers or reasonably should have discovered the harm. This exception is known as the discovery rule and often shows up in medical malpractice and product liability claims.

Claims Involving Minors and Legally Disabled Individuals

If the injured person is under 18 or is legally incapacitated at the time of the accident or incident, Texas often pauses (“tolls”) the statute of limitations. For a minor, the clock begins to run when they reach the age of 18. As for a victim who is legally incapacitated, the clock will start to run when the disabling condition is removed.

Claims Involving Government Entities

Lawsuits involving the government operate according to slightly different rules than those involving private party defendants. A victim must first give written notice of their claim within six months of the incident, and the claim itself must be filed within two years. The notice must describe:

• The damage or injury
• The time and place of the incident leading to the damage or injury
• Details about the incident

Claims Involving a Defendant Who Has Left the State

If the person you need to file a claim against leaves Texas after causing your injury and cannot be properly served with court papers, the statute of limitations may be tolled for the period of their absence. Effectively, any time the defendant spends outside the state is not counted for purposes of the two-year filing deadline.

Claims With Special Filing Rules

Certain types of claims related to personal injury have unique filing rules as well. If one of the following applies to your case, pay close attention to the deadline and speak with our legal team immediately so you don’t file your lawsuit too late:

• Wrongful death cases: The clock starts to run on the date of the person’s death rather than the date of injury. This is an important distinction because there are some cases in which the victim survives for an extended period of time but ultimately passes away due to their injuries.
• Medical malpractice cases: Although the two-year statute of limitations applies, Texas law also imposes a statute of repose. This typically bars medical malpractice lawsuits filed more than 10 years after the negligent act, even if discovery happens later. So even for injuries that are not discovered or reasonably discoverable until later, ten years is the outer deadline to file.
• Product liability cases: Texas has a 15‑year statute of repose for product liability, meaning a claim generally must be filed within no more than 15 years after the product was first sold. Similar to medical malpractice, this acts as an outer deadline by which to file a lawsuit.

Why You Shouldn’t Wait to Talk to a Personal Injury Lawyer

Meeting the statute of limitations deadline is crucial to protecting your right to recover compensation from the at-fault party. However, there are good reasons not to wait to talk to an experienced lawyer, even if your injury was fairly recent or you believe an exception applies to your case. Here are some examples of why taking early action is important for your Texas personal injury claim.

Early action preserves evidence

Waiting too long to file a claim runs the risk of losing important evidence. Documents and other items could be far more difficult to locate months or years later. Critical details can also be lost as memories fade. It could also be harder to find important eyewitnesses who can substantiate your claim. Put simply, the strongest cases are filed sooner rather than later.

Easier to meet procedural requirements

It is also easier to comply with applicable Texas rules of civil procedure if you don’t wait too long. For instance, the rules obligate plaintiffs to serve court documents on certain parties in order for their cases to move forward. If it’s harder to find these individuals because of the passage of time, your case will be delayed and significantly weaker.

Ensuring you meet complex exceptions

The above exceptions to the statute of limitations are just an overview of the various complexities that arise in these cases. Questions often come up as to when a person is considered to have been injured, for instance. The discovery rule naturally lends itself to differing interpretations of what it means for an injury to be “reasonably” discoverable. If you wait too long, a judge may interpret an exception to not apply to you. For that reason, it’s never recommended that you rely on an exception, no matter how applicable to your case you believe it is.

Remember, once a statute of limitations expires, courts will almost always dismiss your claim. Even if you suffered significant injuries and the at-fault party was egregiously negligent, missing the filing deadline is fatal to your case. Acting quickly by retaining legal counsel early is the best way to avoid this problem.

Talk to the Law Office of Shane R. Kadlec About Your Texas Personal Injury Case Today

Understanding deadlines and exceptions under the personal injury statute of limitations is an important part of claiming the compensation you need to recover. So, too, is hiring skilled legal representation. By working with a personal injury attorney, you can ensure that you file the strongest possible claim in a timely manner.

Reach out to the Law Office of Shane R. Kadlec today. We have extensive experience advocating for Texas personal injury victims, and we can help you understand your legal options and deadlines. Give us a call or complete our online contact form to schedule your free consultation.