What Is the Texas Personal Injury Statute of Limitations?

Understanding the Texas personal injury statute of limitations is critical for those pursuing compensation after an accident. The law generally allows a two-year deadline to file a personal injury lawsuit in Texas. This timeframe applies to cases involving car accidents, slip-and-fall injuries, wrongful death, and other incidents caused by negligence. Filing your case within this period is essential to protect your legal right to seek damages for medical expenses, lost income, and other hardships caused by your injury. At The Law Office of Aaron A. Herbert, we help Dallas residents meet these crucial deadlines and build strong cases for maximum compensation.

What Is the Statute of Limitations?

The statute of limitations establishes the legal deadline for filing a personal injury lawsuit. In Texas, most cases must be filed within two years from the date of the injury. For example, an individual injured in a car accident on June 1, 2024, must file a lawsuit by June 1, 2026.

This two-year timeframe applies to a wide range of personal injury claims, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip-and-fall or premises liability cases
• Wrongful death claims (measured from the date of death, not the date of the incident)

Failing to file your lawsuit within the statute of limitations typically results in the court dismissing your case. Once rejected, you lose the opportunity to recover compensation, regardless of the strength of your claim. According to the Texas Legal Services Center guidelines, the statute of limitations ensures cases are resolved promptly while evidence and witness accounts remain reliable. 

How Different Are Statutes of Limitations if the Case Involves Government Entities?

In Texas, the statute of limitations for personal injuries involving government entities is much more condensed than cases against private citizens or businesses. Whereas the standard statute for personal injury filing in Texas involves a two-year timeline, any claims filed with government entities may require formal notice within six months after the day the incident giving rise to the claim occurred, as stated by Section 101.101 of the Texas Tort Claims Act.

When filing a claim against a governmental entity, such as a city, county, or state agency, you will be required to comply with strict notice requirements, including:

• Specific Timeframes: Many municipalities reduce the six-month timeframe. The City of Dallas, for example, requires written notice in 90 days.
• Information to Include: Most notices should contain the date and time of the occurrence, the location, the circumstances surrounding the occurrence, a description of injuries, and damages.
• Statutory Limitations: Even though notice may be filed in a timely manner, lawsuits are bound by the two-year statute of limitations unless specifically noted otherwise.

Failure to comply with all these may lead to the dismissal of your claim, no matter how meritorious it is. Therefore, it is crucial that the deadlines and procedures set are strictly observed. Early consultation with a Dallas personal injury lawyer ensures that these strict deadlines are observed.

Why There’s a Statute of Limitations?

The statute of limitations is designed to provide fairness and order in the law. Given that there are limits on when to file claims, the law ensures that evidence is preserved, witnesses have proper recollections, and legal disputes are resolved in a timely manner without undue delay. These deadlines are essential for a number of reasons:

• Preservation of Evidence: Physical evidence is often degraded, and documentation is lost with time. A statute ensures that the cases depend upon reliable evidence.
• Protecting Defendants: Without it, a person or corporation would be constantly exposed to lawsuit challenges, resulting in some unfair outcomes.
• Efficiency in the Judiciary: Courts stand to gain with quick disposals, preventing prolonged uncertainty for both plaintiffs and defendants.

In consideration of these interests, the general statute of limitations for personal injury cases in Texas is two years under Section 16.003 of the Texas Civil Practice and Remedies Code. There are such exceptions, though, as the age of majority rule and fraudulent concealment allow for extensions upon certain conditions. This statute gives the legal system consistency in ensuring disputes in which evidence is reasonably fresh are heard and adjudged. Such a balance protects plaintiffs and defendants and fortifies the integrity of the judicial process.

What Are the Exceptions to the Statute of Limitations?

Certain exceptions may extend the two-year statute of limitations. These exceptions account for unique circumstances in which the injured party is unable to file a lawsuit within the standard timeframe.

• Minors: When the injured party is under 18, the statute of limitations begins when they turn 18. For example, a 15-year-old injured in a car accident would have until their 20th birthday to file a lawsuit.
• Mental incapacitation: If the injured individual is mentally incapacitated at the time of the injury, the deadline may be paused until they regain capacity.
• Discovery rule: Sometimes, the injury or its cause may not be immediately apparent. For instance, injuries related to defective products or medical malpractice may fall under the discovery rule, which allows the statute of limitations to begin when the injury is discovered rather than when it occurred.
• Fraud or concealment: If the at-fault party deliberately conceals their role in causing the injury, the statute of limitations may be extended to account for the time needed to uncover the truth.

While these exceptions exist, they require strong evidence to prove their applicability and often involve complex legal arguments. For example, Section 16.001 of the Texas Civil Practice and Remedies Code outlines the tolling of limitations for legal disabilities, such as minority or mental incapacity. Consulting a personal injury attorney is essential to determine whether these exceptions apply to your case.

Can I File a Personal Injury Lawsuit After the Deadline?

In most cases, filing a personal injury lawsuit after the statute of limitations has expired is not permitted. Once the deadline passes, the court will almost always dismiss your case, leaving no opportunity to pursue compensation. Even if the facts of your case seem strong, exceeding the statute of limitations could render your claim invalid.

For example, attempting to file a claim three years after a car accident without an applicable exception would almost certainly result in dismissal. The defense can point out that the statute of limitations has expired, and the court will reject the case.

Certain rare circumstances may allow a case to proceed after the deadline, such as evidence of fraud or exceptional situations like natural disasters preventing timely filing. However, these cases are the exception, not the rule. Acting promptly ensures your case will avoid unnecessary hurdles. Additionally, delaying legal action increases the risk of losing key evidence or witnesses, which could weaken your claim even if filed on time.

When the deadline is approaching—or even if you believe you’ve missed it—contact The Law Office of Aaron A. Herbert to explore your options. Our team is experienced in evaluating exceptions and ensuring your rights are protected.

How to Beat the Statute of Limitations Deadline?

You can meet the statute of limitations deadline by taking swift, calculated steps in the wake of an accident. Filing a claim at the last minute is likely to take away your legitimate rights due to potential delays or perhaps an overlooked fine detail.

Consult a Personal Injury Attorney Immediately

Experienced attorneys know Texas personal injury laws, including the timelines, and will help you file your claim before time runs out. They also find exceptions that could extend your filing window, such as:

• Minors: If the injured party is under 18 years old, the statute is tolled until his 18th birthday.
• Discovery Rule: In cases where an injury is discovered after the fact, such as medical malpractice, the statute begins upon discovery of the injury.

Gather Evidence Early

Get police reports, medical records, and witness statements as soon as possible. These not only substantially enhance your case but might also help hurry up the process of filing. Preserve physical evidence such as photos or damaged property because these may hold the key to establishing liability.

File a Notice for Government Claims

As noted, government-related claims have shorter time limits with specific notice requirements. Failure to take these steps in a timely manner can completely eliminate your claim.

Legal Means of Extension of Filing Time

In rare cases, courts may allow the statute to be tolled or paused due to extenuating circumstances. Examples include incapacitation or fraudulent concealment by the defendant.

Be Organized, Be Proactive

Keep detailed records of all communications, expenses, and treatment regarding your injury. Organized documentation helps your attorney to build a strong case and avoid unnecessary delays.

Prompt action in the wake of an injury is very important to protect your legal rights and solidify your case; early consultation with an attorney will ensure that you are ahead of deadlines and procedural hurdles. While the statute of limitations may seem like an inflexible deadline, it’s actually possible to work your way through the process with proper planning and professional guidance.

Contact Our Injury Attorneys Today

Delays in pursuing your claim can jeopardize your right to compensation. The Texas personal injury statute of limitations gives you limited time to act, and taking the first step is critical to preserving your case. At The Law Office of Aaron A. Herbert, we provide skilled representation for Dallas residents navigating personal injury lawsuits. Call us today at 214.200.4878 or contact us to schedule a free consultation. Let us help you secure the justice and compensation you deserve.