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

by | Dec 1, 2024 | Firm News

If you’ve been injured in an accident in Texas — whether it involved a car, motorcycle, workplace, or another act of negligence — one of the most important things to understand is how long you have to take legal action. The clock starts ticking as soon as the injury occurs, and missing the deadline can permanently bar you from filing a lawsuit.

Here’s what to know about the statute of limitations for personal injury claims in Texas and why it matters.


Texas Personal Injury Statute of Limitations: The Basics

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This means you must file a lawsuit within two years of the accident or incident that caused your harm. (Texas Civil Practice and Remedies Code § 16.003)

This deadline applies to a wide range of cases, including:

  • Car accidents
  • Truck and 18-wheeler collisions
  • Motorcycle accidents
  • Workplace injuries caused by third parties
  • Premises liability cases (slip and falls, unsafe property)
  • Assaults or intentional torts (in some cases)

If you try to file a lawsuit after the two-year window closes, the court will likely dismiss your case — regardless of how serious your injuries are.


Why the Deadline Matters

The statute of limitations doesn’t just protect defendants — it affects injured people the most. Once the deadline passes, you lose your ability to seek compensation through the courts. That includes damages for personal injury:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Permanent disability or disfigurement
  • Future care or earnings

Waiting too long also makes it harder to collect evidence, find witnesses, or build a strong legal case. The sooner you speak with a personal injury lawyer, the better.


Are There Any Exceptions?

In some situations, Texas law allows the statute of limitations to be extended — but these are limited and must be carefully applied. Exceptions may include:

  • Minor plaintiffs: If the injured person is under 18, the clock typically doesn’t start until they turn 18.
  • Mental incapacity: If the injured person was mentally incapacitated at the time of the injury.
  • Delayed discovery: In rare cases, if the injury wasn’t discovered and couldn’t have reasonably been known until later, the clock may start at the date of discovery.
  • Claims against government entities: These have shorter deadlines and special notice requirements — often within six months of the incident.

Relying on exceptions is risky. Even if you think your case qualifies, it’s best to consult an attorney as soon as possible to preserve your rights.


Don’t Let the Clock Run Out

If you’ve been hurt due to someone else’s negligence, the law gives you a limited time to act. Filing a lawsuit within the statute of limitations is essential — not only to protect your legal rights but to give yourself the best chance at recovering full compensation for your injuries.


Contact Spagnoletti Law Firm

At Spagnoletti Law Firm, we help injury victims across Texas take action before time runs out. Whether your accident happened recently or you’re unsure how long you have left to file, we can help you evaluate your legal options and move forward with confidence.

📞 Call 713-804-9306 for a free consultation. You owe no legal fees unless compensation is recovered.