How Long Do You Have to File a Personal Injury Claim in Texas?

What Is the Texas Personal Injury Statute of Limitations?

A statute of limitations establishes the period in which a lawsuit must be filed. For many Texas personal injury claims, Texas Civil Practice and Remedies Code Section 16.003 provides a two-year limitations period.

That general rule can apply to many claims arising from incidents such as car accidents, truck accidents, unsafe property conditions, and other events in which a person’s alleged negligence causes an injury.

The two-year rule should not be treated as a universal deadline for every injury claim. Different laws, notice requirements, and facts can affect the time available.

When Does the Two-Year Period Usually Begin?

In a typical accident case, the limitations period may begin when the cause of action accrues. In many straightforward accident cases, that is the date the injury-producing incident occurred.

For example, if someone is injured in a motor vehicle collision, the accident date may be critical when calculating the filing deadline.

Determining when a claim legally accrued can become more complicated in some cases. For that reason, an injured person should not assume that a particular date applies without evaluating the facts and the law governing the claim.

Why You Should Not Wait Two Years to Investigate a Claim

The statute of limitations is only one reason to act promptly after an accident. Evidence can become harder to obtain as time passes.

Depending on the type of accident, important evidence may include:

• Photographs and video from the accident scene
• Surveillance or traffic-camera footage
• Police or incident reports
• Witness statements and contact information
• Vehicle damage evidence
• Medical records and bills
• Employment and wage-loss documentation
• Commercial vehicle records
• Electronic vehicle or driving data
• Insurance correspondence

Some evidence may be overwritten, discarded, repaired, lost, or become difficult to locate long before the limitations period expires.

Are There Exceptions to the Texas Two-Year Rule?

Yes. Texas law contains rules that can affect how a limitations period is calculated in particular circumstances.

For example, Texas Civil Practice and Remedies Code Section 16.001 addresses certain legal disabilities. Under that statute, a person who is younger than 18 or of unsound mind when a cause of action accrues may qualify for different limitations treatment.

Other claims can be governed by different statutes altogether. The existence of a possible exception should therefore be evaluated based on the specific facts of the case rather than assumed.

What If a Governmental Entity Is Involved?

Claims involving governmental units require particular attention because notice requirements may apply in addition to lawsuit-filing deadlines.

Under the Texas Tort Claims Act, a governmental unit generally is entitled to notice of a claim no later than six months after the incident giving rise to the claim. Texas law also recognizes certain city charter and ordinance notice provisions.

These requirements are one reason an injured person should not simply assume that having two years means there is no reason to act earlier.

Does an Insurance Claim Stop the Statute of Limitations?

An insurance claim and a lawsuit are not the same thing. Communicating or negotiating with an insurance company should not automatically be treated as extending the applicable lawsuit deadline.

An insurer may investigate a claim, request records, make an offer, deny liability, or continue negotiations while a legal deadline approaches.

For that reason, injured people should keep track of applicable deadlines independently of the insurance company’s claims process.

What Happens If the Filing Deadline Is Missed?

If a lawsuit is filed after the applicable limitations period has expired, the defendant may assert the statute of limitations as a defense. Depending on the circumstances and applicable law, that can prevent recovery through the lawsuit.

This is why determining the correct deadline is an important early step in evaluating a Texas personal injury matter.

What Types of Personal Injury Cases May Be Subject to Filing Deadlines?

Filing deadlines can arise in many kinds of injury cases, including:

• Car accidents
• Truck accidents
• Commercial vehicle accidents
• Slip-and-fall and premises liability matters
• Wrongful death matters

The correct limitations analysis depends on the particular cause of action and circumstances.

Personal Injury Representation in Dallas–Fort Worth

The Piri Law Firm represents people dealing with personal injury matters in North Texas. You can learn more about our Dallas personal injury representation and Fort Worth personal injury representation.

For clients in Dallas, the firm also maintains offices including its Ross Avenue office and I-30 office. Clients in Tarrant County can find information about the firm’s Fort Worth office.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Texas?

Many Texas personal injury lawsuits are subject to a two-year limitations period, but the correct deadline depends on the claim and its circumstances.

Should I wait until the two-year deadline is close before contacting a lawyer?

Waiting can make investigation and evidence preservation more difficult. Important records, video, physical evidence, and witness information can become harder to obtain over time.

Does filing an insurance claim preserve my right to sue?

An insurance claim is different from filing a lawsuit. Insurance negotiations should not be assumed to extend the applicable statute of limitations.

Can the deadline be different if a child was injured?

Potentially. Texas law contains provisions concerning legal disability, including when a person is younger than 18 when a cause of action accrues. The applicable deadline should be evaluated based on the specific circumstances.

Are claims against government entities different?

They can be. Claims involving governmental units may be subject to separate notice requirements and other procedural rules in addition to limitations periods.