How Long Do I Have to File a Personal Injury Claim in Texas?

Suffering a personal injury can be a life-altering experience, leading to physical pain, emotional distress, and financial burdens. In Texas, as in all states, there are specific legal timeframes—known as statutes of limitations—within which you must file a personal injury lawsuit. Understanding these deadlines is crucial to preserving your right to seek compensation.

Understanding the Statute of Limitations

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of personal injury, it defines the period you have to file a lawsuit against the party responsible for your injuries. Once this period expires, you generally lose the right to bring a claim.

Texas’s General Rule: Two-Year Deadline

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This means you have exactly two years to file a lawsuit in the state’s civil court system. This rule is codified in the Texas Civil Practice and Remedies Code, Section 16.003 (https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm).

Exceptions to the Two-Year Rule

While the two-year statute of limitations applies to most personal injury cases, there are notable exceptions:

1. Discovery Rule:
   In certain situations, the injury or its cause may not be immediately apparent. The discovery rule allows the statute of limitations to begin when the injury is discovered or reasonably should have been discovered. This exception is particularly relevant in cases involving medical malpractice or exposure to harmful substances (https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-texas.html).
2. Minors and Legal Disabilities:
   If the injured person is under 18 or deemed to be of unsound mind at the time of the injury, the statute of limitations may be tolled (paused). For minors, the two-year period typically begins once they turn 18. For individuals of unsound mind, the period may commence when they regain mental competency (https://texaslawhelp.org/article/statutes-of-limitations-in-civil-lawsuits).
3. Claims Against Government Entities:
   When filing a claim against a government entity in Texas, you must provide notice of your claim within six months of the incident. This is in addition to the standard statute of limitations and is governed by the Texas Tort Claims Act (https://versustexas.com/blog/statute-of-limitations-for-personal-injury-in-texas/).
4. Fraudulent Concealment:
   If the defendant intentionally conceals their wrongful actions, preventing you from discovering the injury, the statute of limitations may be tolled until the injury is discovered or reasonably should have been discovered (https://www.alllaw.com/articles/nolo/personal-injury/laws-texas.html).

Importance of Timely Action

Filing your personal injury claim within the statute of limitations is vital for several reasons:

• Preservation of Evidence:
  Over time, evidence can be lost, and witnesses’ memories may fade. Prompt action helps preserve crucial evidence to support your case.
• Legal Standing:
  If you file after the statute of limitations has expired, the defendant can request the court to dismiss your case, and the court will likely grant that request.
• Negotiation Leverage:
  Initiating your claim within the allowable period provides leverage in settlement negotiations, as the threat of a lawsuit remains viable.

Steps to Take After an Injury

To protect your rights and strengthen your personal injury claim:

1. Seek Medical Attention:
   Even if injuries seem minor, obtain a medical evaluation to document your condition.
2. Document the Incident:
   Collect evidence such as photographs, witness statements, and police reports.
3. Consult an Attorney:
   An experienced personal injury lawyer can guide you through the legal process and ensure compliance with all deadlines.

Understanding and adhering to Texas’s statute of limitations for personal injury claims is essential to securing the compensation you deserve. While the general rule provides a two-year window, exceptions exist that may extend or shorten this period. Consulting with a knowledgeable attorney promptly after an injury can help navigate these complexities and protect your legal rights.

If you’ve been injured and need help understanding your options, contact The Low Law Firm today. With years of experience in personal injury law, Tara Gilmore-Low can guide you through the process and ensure your claim is filed within the appropriate timeframe.