How Long Do You Have to File an Injury Claim in Texas?
If you’ve ever been in an accident, you know just how hard daily life can be during the recovery process. Oftentimes, legal deadlines are the last thing you want to think about. Nevertheless, staying within your state’s statute of limitations is essential for getting the compensation you deserve. Here’s what you need to know about the personal injury statute of limitations in Texas and how a seasoned attorney can help.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a strict time limit within which a person can bring legal proceedings following an injury. Once that specified time period expires, the victim loses the legal right to file a lawsuit against the person or company responsible for the harm.
How Long Do I Have to File an Injury Claim in Texas?
In Texas, the statute of limitations for personal injury cases is two years. Usually, this period is measured from the day the injury occurred. This negligence lawsuit time limit applies to all types of cases, including car accidents, slip-and-fall accidents, dog bites, and defective product claims, among others. If you wait even one day past the deadline, a judge will almost certainly dismiss your case.
When Does the Legal Clock Start Ticking?
For the vast majority of Texas personal injury cases, the two-year clock begins ticking on the exact date the accident or injury occurs. For example, if a driver runs a red light and causes a car crash on October 1, 2024, the injured victim has until exactly October 1, 2026, to file a formal lawsuit in a Texas court.
However, Texas law recognizes a legal concept called the “discovery rule.” This rule may apply in situations where the injury wasn’t immediately apparent. It pauses the statute of limitations until the date you actually discover the injury, or you reasonably should have discovered the injury. Medical malpractice cases are the most common examples of cases like these. Perhaps a surgeon left a medical instrument inside a patient, but it wasn’t discovered until months later.
Exceptions to the Personal Injury Statute of Limitations
As you look into injury case filing requirements, you’ll likely learn about a few exceptions to the statute of limitations. These circumstances can temporarily pause the statute of limitations clock:
Disabilities and Minor Children
If the victim had a legal disability at the time of the accident, the countdown is paused until the disability is removed. In Texas, this means one of two things: the victim was under 18 years of age or was of an unsound mind. For example, if a 15-year-old is injured in an accident, the statute of limitations is paused until their 18th birthday.
Defendant Leaves the State
If the person who caused the accident leaves Texas before the lawsuit can be filed, the time of their absence does not count toward the two-year limit. The clock pauses while the defendant is outside of Texas borders and resumes only when they return to the state.
Don’t Wait Until the Last Minute to File
Knowing you have two years to file a lawsuit often creates a false sense of security. However, waiting until the final months or weeks to take legal action puts a personal injury claim in serious jeopardy for several reasons. First, building a strong personal injury case takes considerable time. Your attorney will need to gather police reports, collect medical records, interview witnesses, and negotiate with insurance companies before filing a formal lawsuit. Second, some kinds of evidence simply disappear over time. Security camera footage gets recorded over, skid marks wash away, and witnesses move or forget crucial details. Getting started early gives your legal team ample time to build an airtight case and negotiate a fair settlement.
What to Do Before Filing a Personal Injury Claim
Avoiding the car accident lawsuit deadline isn’t the only thing you’ll need to keep in mind as you file a claim. If you’ve been involved in an accident, take these steps to protect your claim:
- Get Medical Attention—Never forego medical attention after an injury. A doctor needs to document your injuries and create an official medical record, which you can then use as evidence.
- Document the Scene—When it’s safe to do so, take photos of the location, property damage, and your injuries. Get contact information for any witnesses.
- Consult a Lawyer—Before taking any other actions, especially before speaking to an insurance company, get in touch with a seasoned personal injury lawyer.
Get Compensation Before Time Runs Out
Time is the most critical factor in any personal injury case. Don’t let a technical deadline impact your physical and financial recovery. At Nava Law Group, P.C., we’re dedicated to helping people recover the compensation they need after an injury. Contact us today to learn more about your options.
FAQs About Injury Claim Deadlines in Texas
Generally, no. Once the two-year statute of limitations expires, Texas courts will dismiss the personal injury case. The only way to extend the time limit to sue is if a specific legal exception applies.
For minors under 18, the Texas statute of limitations is suspended until their 18th birthday. Once the victim turns 18, the two-year clock begins ticking, giving them until their 20th birthday to file a personal injury lawsuit.
No, the two-year personal injury claim time frame only applies to filing a formal lawsuit in civil court. Insurance companies have their own internal deadlines for reporting claims, which are usually much shorter. Victims must file an insurance claim as soon as possible, regardless of the two-year lawsuit deadline.
If a government employee or government agency causes an injury, the rules change drastically. Under the Texas Tort Claims Act, victims must provide a formal “Notice of Claim” to the responsible government unit within six months of the incident. In these cases, working with an experienced attorney is essential to navigate the complex process.
