Statutes of limitation play a very important role in personal injury cases. In Texas, the statute of limitations sets a deadline for filing a personal injury lawsuit. If you wait too long, you could lose your chance to recover compensation.
In this blog, we’ll break down the standard time limits, and key exceptions.
Understanding Texas’s Statute of Limitations and Why It Matters
According to Texas Civil Practice and Remedies Code § 16, accident victims usually have 2 years to file a lawsuit to recover losses from a personal injury accident. This rule also applies to lawsuits filed for family members who died because of someone else’s fault. If you don’t file your claim before the deadline, you may have to pay all expenses yourself.
The purpose of the statute of limitations is to resolve cases in a timely way and prevent cases from staying open forever. The time limit usually starts on the day the accident happened. During this time, you can work with a lawyer to start your claim, gather evidence, and try to reach a settlement.
If you cannot agree on a settlement, you may need to file a lawsuit. This process can take time. If you wait too long, you might not have enough time to fully handle your claim.
This timeline shows why it’s important to contact a lawyer as soon as possible after an accident.
In Texas, you have only two years to file a claim after an injury. Don’t wait or you might lose your chance to file a lawsuit for compensation.
Exceptions to the Standard Time Limit
While the 2-year rule applies to most personal injury cases, there are a couple of exceptions. Certain types of cases have different time limits. As a result, it also requires a different approach and affects how quickly you must act after an injury.
Below is a closer look at a couple of common exceptions to the traditional statute of limitations.
Claims Against the Texas Government for Negligence
Claims against the Texas government are different because government entities have “sovereign immunity”, which protects them from most lawsuits. However, you can sue the government if they cause injury, death, or property damage while doing their job, according to Texas Civil Practice and Remedies Code § 101. In these cases, you must send a claim notice to the government within 6 months of the accident and then file a lawsuit within the usual 2-year period.
Missing an exception could mean missing your chance at justice—know the rules before time runs out.
Special Rules That May Extend the Deadline
Besides the general two-year limit, Texas law includes special rules that can extend the time you have to file a claim. These rules apply in certain situations and may affect different types of cases. Understanding these can help you protect your rights and make sure you don’t miss important deadlines.
The Discovery Rule
Sometimes injuries don’t show up right after an accident. This can make it hard to know when to start a claim. Texas law uses the discovery rule, which means the two-year deadline starts when you discover—or should have discovered—the injury.
The discovery still must happen within a reasonable amount of time. You also need to document when and how you found out about the injury to protect your claim.
Cases Involving Minors
In Texas, personal injury claims involving minors follow a different rule. The statute of limitations usually doesn’t begin until the child turns 18. After that, they have two years to file a lawsuit on their own.
Minors can’t take legal action themselves because they’re not considered legally able to make decisions like signing contracts. In some cases, parents can file on their child’s behalf. But the law also protects the child’s right to take action once they become a legal adult.
When injuries aren’t obvious or involve minors, the time to file can be extended.
Consult With a Lawyer to Verify the Statute of Limitations on Your Case
If you think you have a case, your first step should be talking to a lawyer. They can confirm how much time you have left to file a claim. Every case is different, so it’s important to get advice based on your exact situation.
A lawyer will review the facts and explain your legal options. They’ll also help you avoid mistakes that could delay or hurt your case. The sooner you reach out, the more time you’ll have to build a strong claim.