You have no time to waste if you sustained a severe personal injury in Texas. While most personal injury cases don’t go to trial, the threat of a lawsuit is vital leverage when negotiating with whoever caused your injury or their insurance company. If you don’t file a lawsuit within the period dictated by the statute of limitations, you’ll likely lose your chance to recover the money you need.
What Is the Texas Statute of Limitations for Personal Injury Lawsuits?
In Texas, you must file a lawsuit within two years of your injury in most circumstances. This deadline encourages people to file lawsuits while the evidence is fresh, meaning there’s a better chance at a fair and just outcome. However, the two-year deadline also means you must act quickly to protect your rights after an injury.
Exceptions to the Two-Year Statute of Limitations in Texas
While two years is the standard deadline for Texas personal injury lawsuits, there are some noteworthy exceptions. Those exceptions include:
- Injuries to Minors – If an injured person is under 18 when an accident occurs, the statute of limitations typically doesn’t begin until their 18th birthday. This means they usually have until age 20 to file a lawsuit.
- Mentally Incapacitated Individuals – If someone sustains an incapacitating injury in an accident or becomes incapacitated after their injury, the two-year countdown pauses until they are mentally competent.
- Fraud or Concealment – Texas law accounts for situations where someone hides their role in causing an injury or uses fraud to delay a claim. The deadline in these cases pauses until the injured party discovers—or reasonably should have discovered—the truth.
- Discovery Rule – There are cases, particularly those involving medical malpractice incidents, where someone doesn’t immediately discover an injury or its cause. In these situations, the statutory deadline clock begins counting from when someone discovers or reasonably should have discovered their injury.
- Wrongful Death Claims – The statute of limitations for Texas wrongful death lawsuits also allows two years for a lawsuit to be filed. However, the deadline is counted from when the person dies, not the date of their initial injury.
- Claims Against Government Agencies – If a case involves a Texas government entity, the injured person must submit a written notice of their claim within six months of the incident. Shorter deadlines may also apply, depending on local rules. This notice must include details like the time, place, and nature of the injury. Failing to meet this requirement means the courts will likely bar someone’s claim even if they file a lawsuit within the usual two-year deadline.
When to Contact an Attorney After an Injury
Even though Texas law gives you two years after an accident to file a personal injury lawsuit, contacting an attorney is crucial. The sooner you involve a lawyer, the better your chances of building an effective case. Key evidence—like photos of the scene, surveillance footage, or witness statements—can disappear quickly if your lawyer can’t gather them right away. It also takes time to fully understand the extent of your injuries, get a thorough medical evaluation, and calculate long-term costs like your future medical expenses or lost income.
An attorney can help you document everything correctly from the start, protect your rights, and keep you from making mistakes that could hurt your case. Acting early also gives your lawyer more time to negotiate a fair settlement before filing a lawsuit becomes necessary.
Contact Our Houston Personal Injury Lawyers Now
At Mitchell Law, PLLC, we understand the importance of swift action after an accident. We’re ready to start your case as soon as you contact us. We’ll handle the legal work so you can focus on healing. Call now or complete our contact form for a free consultation.