The statute of limitations is a legal deadline that sets the timeframe for filing a lawsuit. In Texas, most personal injury claims must be filed within two years from the date of the accident or injury. This means that if you don’t file a lawsuit within this period, your case may be dismissed, and you may lose your right to recover compensation. The purpose of this time limit is to ensure that legal claims are pursued while evidence remains available, and witness recollections are still reliable.
What Types of Cases Are Affected by the Two-Year Limit?
Most personal injury cases in Texas are subject to the two-year statute of limitations, including:
- Car accidents – Including commercial truck, motorcycle, and bicycle crashes.
- Slip and fall injuries – Cases related to unsafe premises or negligent property maintenance.
- Medical malpractice – Injuries caused by a healthcare provider’s negligence.
- Defective product injuries – Cases involving dangerous or faulty consumer products.
- Workplace injuries – Non-workers’ compensation claims against third parties.
- Wrongful death – Claims brought by the family of a deceased victim due to another’s negligence.
If your injury claim falls into one of these categories, it’s crucial to start the legal process as soon as possible to avoid missing the deadline.
Exceptions to the Statute of Limitations
While the two-year deadline applies to most cases, Texas law does provide certain exceptions that may extend or shorten the time you have to file a claim.
1. The Discovery Rule
If an injury is not immediately apparent, the statute of limitations may begin when the victim discovers or reasonably should have discovered the injury. This often applies in medical malpractice and toxic exposure cases.
2. Minors or Mentally Incapacitated Individuals
If the victim was under 18 or mentally incapacitated at the time of the injury, the statute of limitations may be paused (or "tolled") until they turn 18 or regain legal capacity.
3. Claims Against Government Entities
If your claim is against a government agency or employee, the deadline is significantly shorter. In most cases, you must provide formal notice of your claim within six months of the injury.
What Happens If You Miss the Deadline?
Failing to file a lawsuit within the statute of limitations means you likely won’t be able to recover compensation for medical expenses, lost wages, pain and suffering, or other damages. The court will dismiss your case, and the responsible party will have no legal obligation to pay.
That’s why it’s essential to consult an experienced personal injury attorney as soon as possible after an accident. A lawyer can help ensure all deadlines are met and evidence is properly preserved.
How Can Francis Injury Help?
At Francis Injury, we understand that dealing with a personal injury is stressful. You need a legal team that will guide you through the process while ensuring your claim is filed on time.
- ✅ Investigate your case and gather critical evidence.
- ✅ Ensure all legal deadlines are met so your case isn’t dismissed.
- ✅ Negotiate with insurance companies to maximize your compensation.
- ✅ Take your case to court if necessary to fight for justice.
Take Action Before Time Runs Out
If you've been injured in an accident, don't wait until it’s too late. The sooner you contact a personal injury lawyer, the better your chances of securing the compensation you deserve.
Final Thoughts
Understanding Texas' personal injury statute of limitations is crucial if you’re pursuing a claim. Don’t risk missing the deadline—reach out to an experienced attorney at Francis Injury today to protect your rights and get the justice you deserve.