You’ve been injured in a car accident. Or maybe you slipped and fell at a store. Perhaps a defective product caused harm to you or a loved one. You know you need to take action. But how much time do you have?
In Texas, the law sets strict deadlines for filing personal injury lawsuits. These deadlines are called statutes of limitations. If you miss your deadline, you lose your right to seek compensation forever. No exceptions. No second chances.
Understanding these deadlines is critical. The clock starts ticking the moment your injury occurs. Waiting too long can cost you everything.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time you have to file a lawsuit after an injury occurs. The purpose is simple. The legal system wants cases resolved while evidence is fresh and witnesses are available.
Texas has different deadlines for different types of cases. The deadline depends on who you are suing and what happened. Missing the deadline is fatal to your claim. Courts will dismiss your case, and you cannot refile.
The Two-Year Rule: The Standard Deadline
For most personal injury cases in Texas, the statute of limitations is two years from the date of the injury.
This applies to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Premises liability claims
- Dog bites
- Wrongful death claims
- Product liability claims
The clock starts running on the day the injury occurred. Not the day you realized how serious it was. Not the day you finished treatment. The day of the accident.
Example: If you were injured in a car accident on April 10, 2026, you have until April 10, 2028, to file your lawsuit. If you file on April 11, 2028, your case will be dismissed.
Exceptions to the Two-Year Rule
Not every case follows the two-year rule. Some circumstances allow more time. Others require much less.
Medical Malpractice (Two Years with a Twist)
Medical malpractice claims also have a two-year deadline. But there is an important exception. If you did not discover the injury right away, the clock may start later. This is called the “discovery rule.”
Under Texas law, you have two years from the date you discovered the injury or should have reasonably discovered it. However, there is an absolute cutoff. You cannot file more than ten years after the date of the negligent act.
Government Claims (Six Months to Two Years)
Suing a government entity is different. If you were injured by a city, county, or state employee, you have much less time.
- Notice requirement: You must file a written notice with the government entity within six months of the injury.
- Lawsuit deadline: If your notice is accepted, you generally have two years from the injury date to file suit.
Failing to give proper notice can destroy your claim entirely.
Minor Children (Tolling)
If a child under 18 is injured, the statute of limitations is “tolled” or paused. The clock does not start running until the child turns 18. This means the child generally has until their 20th birthday to file a lawsuit.
Mental Incapacity
If a person is mentally incompetent when the injury happens, the statute of limitations may pause. It may stay paused until the person regains competence.
Discovery Rule: When You Don’t Know You’re Injured
Some injuries do not reveal themselves immediately. A defective medical implant may cause harm years later. Toxic exposure may lead to disease decades after the exposure occurred.
In these cases, Texas applies the discovery rule. The statute of limitations does not start running until you discover the injury. Or until a reasonable person would have discovered it.
This rule is narrow. It does not apply to every case. Courts apply it only when the injury is inherently undiscoverable at the time it occurs.
Statute of Limitations for Property Damage
If your property is damaged in an accident, the deadline is different. Property damage claims have a two-year statute of limitations as well. However, if you are filing a claim against your own insurance policy for property damage, you may have additional contractual deadlines.
Check your insurance policy carefully. Many policies require you to file a claim within one year.
Why You Should Not Wait
Even if you have two years, waiting is dangerous. Here is why:
Evidence Disappears
Witnesses forget details. Surveillance footage gets erased. Physical evidence gets lost or destroyed. The longer you wait, the harder it becomes to prove your case.
Insurance Companies Use Delay Tactics
Insurance adjusters know the deadline. They may delay negotiations hoping you miss your filing window. Do not let them run out the clock.
Medical Treatment Gaps
If you wait too long to seek treatment, insurance companies will argue your injuries were not serious. They may claim your injuries came from something else entirely.
You Need Time to Build a Case
A strong case takes time to build. Your attorney needs to investigate the accident, gather evidence, consult experts, and negotiate with insurance companies. Starting early gives your lawyer the time needed to do the job right.
What If You Miss the Deadline?
If you miss the statute of limitations, your case is almost certainly over. Texas courts are strict about these deadlines. There are very few exceptions.
A court may extend the deadline in rare circumstances. These include:
- The defendant was out of state and could not be served
- The defendant fraudulently concealed their identity or the cause of action
- You were legally insane at the time of the injury
But you cannot rely on these exceptions. The safest approach is to contact an attorney immediately after your injury.
Personal Injury Statute of Limitations: FAQs
Can I file a lawsuit after two years if I was negotiating with the insurance company?
No. Negotiations do not extend the deadline. If your case is not resolved within two years, you must file a lawsuit to preserve your rights. You can continue negotiating after filing.
What if I was injured by a product I bought years ago?
Product liability claims generally follow the two-year rule from the date of injury, not the date of purchase. If you were injured by a defective product, the clock starts when the injury occurred.
Does the deadline change if the injury was caused by a crime?
If your injury was caused by a criminal act, you may have additional time. Under Texas law, if the defendant faces criminal charges related to your injury, the time limit may pause. It may stay paused until the criminal case ends.
What if the at-fault driver left the state?
If the defendant leaves Texas after the accident, the time they are gone might not count toward the statute of limitations. The time limit may pause while they are out of the state. This is called tolling. But you should not rely on this exception without speaking to an attorney.
Plano Personal Injury Attorney: We Know the Deadlines
At Starr Law, P.C., we understand that recovering from an injury takes time. But we also know that the legal clock is ticking from day one. We act quickly to investigate your case, gather evidence, and protect your rights.
We have extensive experience handling personal injury claims in Collin County and across Texas. We know the deadlines and the exceptions. We build strong cases designed to maximize your compensation. And we are not afraid to take your case to trial if that is what it takes.
Do not let a missed deadline cost you the compensation you deserve.
If you’ve been injured, time is not on your side. Contact Starr Law, P.C. today for a free, confidential consultation. Call us at 214-982-1408.
References
- Texas Civil Practice & Remedies Code, Section 16.003 (Two-Year Limitations Period)
- Texas Civil Practice & Remedies Code, Section 16.008 (Government Claims)
- Texas Civil Practice & Remedies Code, Section 74.251 (Medical Malpractice)
