Texas Injury Claim Deadlines: When Time Runs Out to File

What You Need to Know About Personal Injury Deadlines in Texas

Texas law sets a firm time limit on how long you have to file a personal injury lawsuit. Miss that window, and your case may be dismissed—no matter how legitimate your injuries are. This article explains the legal timeframes, key exceptions, and what steps to take before it’s too late.

What Is the Statute of Limitations for Personal Injury in Texas?

In most personal injury cases, Texas allows you two years from the date of the incident to file a lawsuit. This deadline is established by Texas Civil Practice & Remedies Code §16.003 and applies broadly to injuries caused by negligence or intentional harm.

Common claims affected by this rule include:

• Motor vehicle accidents
• Premises liability (like slip and falls)
• Product liability
• Assault or battery
• Dog attacks
• Construction accidents

Important: Filing an insurance claim does not stop or pause the two-year limit. The lawsuit must be officially filed in court to satisfy the statute.

Typical timeframes under Texas law:

Claim Type	Deadline to File
Personal Injury	2 years from date of injury
Property Damage	2 years from damage date
Wrongful Death	2 years from date of death

Waiting until the last minute to act can be costly. Even if you’re negotiating a settlement, if the clock runs out before filing, you could permanently lose your right to compensation.

Exceptions That Can Extend the Deadline

While the two-year rule is the standard, Texas law makes limited allowances for certain situations where the deadline may be extended. These exceptions are known as “tolling” provisions.

Common exceptions include:

• Minors: If the injured party is under 18 at the time of the incident, the two-year clock doesn’t begin until they reach adulthood.
• Mental incapacity: If someone is legally incapacitated when the injury occurs, the timeline may pause until they are considered competent.
• Discovery rule: This applies in cases where the injury couldn’t have reasonably been discovered right away—such as a surgical error discovered months later.
• Absent defendants: If the person responsible for the injury leaves the state or avoids legal process, the statute may be paused until they can be located.

Here’s how these exceptions play out:

Scenario	Time Limit Begins When…
Minor is injured	They turn 18
Injury not immediately obvious	It’s discovered, or should’ve been
Defendant leaves Texas	They return or are served
Victim lacks mental capacity	They regain legal competency

Each exception comes with legal complexity, and courts rarely grant extensions without clear evidence. If you think an exception might apply, it’s important to get legal guidance as early as possible.

Claims Against the Government Have Shorter Deadlines

When a personal injury involves a public agency or government employee in Texas, the deadlines are much shorter—and far more rigid.

Under the Texas Tort Claims Act, you must give formal notice of your claim within six months of the injury. That notice must include:

• The date and location of the incident
• A detailed description of what happened
• The injuries or damages suffered

Some cities and counties have even tighter timeframes. For instance, municipalities like Houston or Austin may require notice within 60 or 90 days.

Examples of government-related claims:

• Being hit by a city vehicle or bus
• Slipping on a poorly maintained sidewalk owned by the city
• Injury due to negligence at a public school or park

Failing to provide notice in time often means the court won’t allow your lawsuit to proceed—even if the claim itself is valid.

What Happens If You Miss the Filing Deadline?

If you try to file a personal injury lawsuit after the statute of limitations has expired, the outcome is usually straightforward: your case will be dismissed.

Judges enforce the filing deadline strictly. Even a late filing by one day is typically enough to have the case thrown out. No amount of evidence or severity of injury can override a missed deadline—unless one of the few exceptions applies.

Beyond court dismissal, other consequences of missing the deadline include:

• No leverage with insurance companies: Insurers are unlikely to settle once they know you can’t sue.
• No chance of recovery: Medical bills, lost wages, and other damages must be covered out of pocket.
• Loss of legal rights: The law permanently bars you from pursuing compensation for the incident.

If there’s any uncertainty about how much time remains to file, don’t wait. Every day matters when the legal clock is ticking.

Steps to Take Before the Clock Runs Out

Time moves quickly after an accident. Taking early, organized steps can preserve your right to sue and strengthen your case.

Here’s what to do:

1. Get medical attention immediately. This protects your health and creates important medical records.
2. Document the scene and your injuries. Take photos, gather witness names, and collect physical evidence if possible.
3. File insurance claims promptly. Notify all relevant insurers, including your own.
4. Avoid social media. Public posts can harm your case.
5. Consult a qualified personal injury attorney. Early legal help can clarify deadlines and build your claim properly.
6. Track all expenses. Save receipts, bills, and proof of lost income.

Sample timeline for a smooth process:

• Week 1: Medical evaluation, incident report, initial legal consultation
• Weeks 2–4: Collect records, notify insurers, review liability
• Months 1–6: Consider settlement or file lawsuit (well before deadline)

Don’t assume that two years gives you plenty of time. Gathering evidence, dealing with insurance, and finding a lawyer can take months. Early action is the best defense against a missed opportunity.

FAQs about Texas Injury Claim Deadlines

What is the statute of limitations for most injury claims in Texas?
It’s two years from the date of injury. This includes car accidents, falls, dog bites, and most other personal injury claims.

Does filing an insurance claim satisfy the legal deadline?
No. Only a lawsuit filed in court meets the statute of limitations requirement.

Can the deadline be extended if I didn’t discover the injury right away?
Possibly. In some cases, the discovery rule allows the time limit to begin when you reasonably discover the injury—but this is rarely applied.

Are deadlines different for government-related claims?
Yes. You must notify the responsible government entity within six months—or even sooner, depending on the city or county.

What if I was a minor when the injury happened?
You typically have two years from the date you turn 18 to file a lawsuit.

Is there any flexibility if I miss the deadline?
Very little. Texas courts rarely allow late filings unless a recognized exception applies.

Why is it important to act early, even with a two-year window?
Evidence can disappear, witnesses forget details, and legal preparation takes time. Waiting increases the risk of making avoidable mistakes.

Can a lawyer help me file in time?
Yes. An experienced attorney can calculate the right deadlines, apply for any valid exceptions, and file your case properly and on time.

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