If you’ve been injured in Texas, understanding the statute of limitations for your claim is critical. The statute of limitations is a legal deadline that determines whether you can file a lawsuit for your injuries. In Texas, most personal injury claims must be filed within two years from the date of the injury. Missing this deadline can mean losing your right to compensation forever. This guide explains the two-year deadline, important exceptions, and steps you can take to protect your claim. At Gibson Hill Personal Injury, we help injured Texans navigate these critical deadlines and protect their legal rights.
Why Choose Gibson Hill Personal Injury for Your Texas Injury Claim
When you’re facing a statute of limitations deadline, you need an attorney who understands Texas injury law inside and out. Gibson Hill Personal Injury has extensive experience handling personal injury cases throughout Texas and knows how to navigate the complexities of statute of limitations rules. We understand that every case is different, and we work quickly to protect your rights before deadlines expire. Our team is committed to helping you understand your options and taking action to preserve your claim. Learn more about our attorneys and their experience, and how we’ve helped injured Texans recover compensation. Our founder and lead attorney brings decades of experience to every case.
What Is the Statute of Limitations in Texas?
The statute of limitations is a law that sets a deadline for filing a lawsuit. In Texas, this deadline is governed by the Texas Civil Practice and Remedies Code § 16.003. The statute of limitations exists for several important reasons: it ensures that evidence remains fresh and reliable, it protects defendants from facing old claims when witnesses may no longer be available, and it promotes legal efficiency by encouraging timely resolution of disputes.
For most personal injury claims in Texas, you have two years from the date of your injury to file a lawsuit. This two-year period applies whether your injury resulted from a car accident, slip and fall, product defect, workplace incident, dog bite, or assault. Once this deadline passes, you generally lose your right to pursue compensation through the courts. Understanding how to file a personal injury lawsuit before the deadline is essential.
The Two-Year Deadline for Personal Injury Claims
The two-year statute of limitations is the standard rule for personal injury cases in Texas. This deadline begins on the date the injury occurs and not the date you discover the injury or seek medical treatment. Understanding this timeline is essential because it affects your ability to recover damages. When you should call a lawyer after an accident is immediately, to avoid missing critical deadlines.
It’s important to note that the statute of limitations deadline is different from insurance claim deadlines. Insurance companies often have their own deadlines for reporting claims, which may be shorter than the statute of limitations. Don’t assume that because you’ve reported your injury to an insurance company that you’ve protected your legal rights. Consulting with an attorney early ensures you meet all applicable deadlines. If you’re unsure about your specific situation, contact Gibson Hill Personal Injury for a free consultation. We can help you understand how to report a car accident to insurance and protect your rights.
Key Exceptions to the Two-Year Rule
While two years is the standard deadline, Texas law recognizes several important exceptions that may extend or pause the statute of limitations. Understanding these exceptions could mean the difference between recovering compensation and losing your claim forever.
Discovery Rule
The discovery rule applies when an injury is not immediately apparent. However, Texas courts apply this exception narrowly. The statute of limitations clock starts when you discover the injury, not when it actually occurred, but only if the injury itself is “inherently undiscoverable,” meaning it would not have been discovered despite reasonable diligence within the standard two-year period.
Texas courts use a “categorical approach” to the discovery rule, meaning they assess whether the type of injury itself is inherently undiscoverable, rather than evaluating individual case circumstances. This exception is disfavored and rarely extended by Texas courts. It applies to certain occupational diseases and latent injuries where the injury type is inherently difficult to detect. For example, some occupational diseases like asbestos-related conditions may qualify if the disease was inherently undiscoverable despite reasonable diligence. Workplace injuries involving latent conditions require immediate legal attention. However, simply not discovering an injury is not enough. You must show that the injury type itself was unlikely to be discovered within two years, even with reasonable care and attention.
Once you have “some indication” of harm, you have a duty to exercise reasonable diligence in investigating your condition. The discovery rule does not provide unlimited time to file your claim. If you believe you may have a latent injury, consult with a personal injury attorney immediately.
Minors and Incapacitated Persons
If you were a minor at the time of your injury, the statute of limitations is tolled (paused) until you turn 18 years old. Once you turn 18, the two-year deadline begins, giving you until your 20th birthday to file your claim. Similarly, if you were mentally incapacitated at the time of injury, the statute of limitations may be extended. These protections ensure that injured minors and incapacitated persons have time to pursue their claims after reaching adulthood or regaining capacity. Parents of injured children should contact an attorney immediately to protect their child’s rights.
Defendant Out of State
If the defendant who caused your injury leaves Texas and becomes unavailable for service of process, the statute of limitations may be paused while they are absent from the state. However, this exception is narrowly limited. Under Texas Civil Practice & Remedies Code § 16.063, tolling only applies when the defendant is completely unavailable for service and not subject to Texas long-arm jurisdiction. Simply leaving Texas does not automatically trigger tolling. The defendant must be truly unavailable for legal service. For example, a Texas resident attending college out-of-state would not trigger tolling because they remain subject to Texas jurisdiction. If you believe this exception may apply to your case, consult with an attorney to determine whether tolling is available.
Government Entity Claims
Claims against government entities follow different rules. You typically must provide written notice of your claim within six months of the incident under the Texas Tort Claims Act (Texas Civil Practice & Remedies Code § 101.101). However, local government entities (cities and counties) may impose shorter notice deadlines through local ordinance or charter provisions, with deadlines as short as 30 days in some jurisdictions. Examples include 90-day deadlines in some cities and 60-day deadlines in others. If you’ve been injured by a government employee or agency, contact an attorney immediately to determine the specific notice deadline that applies to your claim, as missing this deadline bars your claim entirely.
Why Acting Quickly Matters
Even though you have two years to file your claim, waiting until the last minute creates serious problems. Evidence degrades over time. Witness memories become less reliable as months and years pass, and some witnesses may move away or become unavailable. Insurance records may be destroyed in accordance with standard retention policies. Gathering key evidence after a car accident is critical to strengthening your case.
The proximity to the statute of limitations deadline also affects settlement negotiations. Defendants and their insurance companies know when your deadline is approaching and may use this to their advantage, offering lower settlements as the deadline nears. Filing your claim early puts you in a stronger negotiating position and demonstrates that you’re serious about pursuing your case.
How to Protect Your Claim Before the Deadline
Taking action immediately after your injury protects your legal rights and strengthens your case. Document everything about the incident and your injuries—take photographs, write down what happened while it’s fresh in your memory, and keep all medical records. Gather contact information from witnesses and ask them to write down what they saw. Preserve all evidence related to your injury, including communications with the at-fault party, insurance documents, and medical bills. The documents you need for your personal injury are information that our team provides regularly.
Report the incident to the appropriate parties—file a police report if applicable, notify the property owner or business where the injury occurred, and report the incident to your insurance company. Most importantly, consult with an attorney as soon as possible. An experienced Houston personal injury attorney can evaluate your case, explain your options, and ensure that all deadlines are met.
Frequently Asked Questions About Texas Statute of Limitations
Can I file a personal injury claim after two years in Texas?
Generally, no. Once the two-year statute of limitations expires, your claim is barred, and you lose the right to file a lawsuit. There are limited exceptions, such as the discovery rule for latent injuries, but these are narrow. This is why acting before the deadline is so important. How long does a personal injury lawsuit take is a question that depends on many factors, but the statute of limitations is always a critical constraint.
Does the statute of limitations apply to wrongful death claims?
Yes, the two-year statute of limitations applies to wrongful death claims. The deadline begins on the date of death, not the date of the incident that caused the death. If a loved one has died due to someone else’s negligence, contact an attorney immediately to ensure your claim is filed within the deadline. Understanding who can sue for wrongful death is essential for families facing this tragedy.
What if I didn’t know about my injury right away?
If your injury wasn’t immediately apparent, the discovery rule may apply. Under this exception, the statute of limitations clock starts when you discover the injury, not when it occurred. However, the discovery rule has strict limitations and specific requirements. The injury must be “inherently undiscoverable,” and you must exercise reasonable diligence once you have any indication of harm. Consulting with an attorney is essential to determine whether this exception applies to your situation. How long after a car accident can you claim injury is a question that depends on your specific circumstances.
How does the statute of limitations affect settlement negotiations?
Defendants and insurance companies are aware of statute of limitations deadlines and may use this information strategically. As your deadline approaches, they may pressure you to accept a lower settlement. Filing your claim early and demonstrating that you’re prepared to go to trial puts you in a stronger negotiating position and often results in better settlement offers. Learn more about how to negotiate a settlement with an insurance claims adjuster.
What should I do if my statute of limitations deadline is approaching?
Contact an attorney immediately. Don’t rely on insurance company timelines or assume you have more time than you actually do. An experienced personal injury attorney can file your claim before the deadline expires and protect your right to compensation. Many attorneys offer free consultations, so you can discuss your case without financial obligation. Why some personal injury cases go to trial is important to understand when evaluating your options.
Contact Gibson Hill Personal Injury Today
Your statute of limitations deadline is ticking. Don’t let this critical deadline pass without taking action. Gibson Hill Personal Injury is ready to help you understand your rights and protect your claim. Call 713-659-4000 today to schedule your free consultation. We’ll review your case, explain your options, and take the steps necessary to preserve your right to compensation. The sooner you contact us, the sooner we can start fighting for you.
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