Understanding the Statute of Limitations in Texas and Your Personal Injury Case
In Texas, you generally have two years from the date of your accident to file a personal injury lawsuit. If you miss that deadline, you lose your right to recover compensation entirely. Certain circumstances, such as injuries to minors, claims against government entities, or cases where the injury was not immediately discovered, can shorten or extend this deadline, making it important to act quickly after any accident.
What is a Statute of Limitations?
A statute of limitations is a legally imposed deadline on your right to file a legal action, including a personal injury lawsuit. Texas Civil Practice and Remedies Code § 16.003 sets a two-year window from the date you were injured, or from the date you reasonably should have discovered the injury. This deadline applies even if you are actively negotiating with an insurance company; if a settlement is not reached in time, your lawsuit must still be filed before the clock runs out.
Missing this deadline has serious consequences. Courts treat the statute of limitations as a strict cutoff. It does not matter whether you missed it by a single day or several months. Once the deadline passes, a judge is legally required to dismiss your case before it ever reaches the merits, and your right to compensation is permanently forfeited.
Is the Statute of Limitations Different for Cases Involving Government Entities or Agencies?
The statute of limitations to sue the government is the same as in other types of personal injury cases, but there are special rules that apply. The government waives its sovereign immunity to allow for a lawsuit when they have been negligent, but there are things that you must do before you can go to court. Specifically, you must give the government notice of your claim first.
If you are suing a state government entity, the Texas Tort Claims Act requires you to give notice of your claim within six months of the accident. The deadline may be even shorter when you are taking action against certain municipalities. For example, you only have 90 days from the time of your accident to notify the City of Houston of your claim.
Are There Exceptions to the Texas Statutes of Limitations?
There are some exceptions to the statute of limitations, but they are very strictly overseen by the court. The discovery rule is one of the major exceptions that plaintiffs sometimes rely on if their right to sue is challenged. You may not have known that you were injured at the time of the accident.
For example, you may have suffered whiplash in a rear-end car accident. The symptoms of whiplash may not be apparent at the time of the accident. Here, the statute of limitations begins to run at the time when you knew that you were injured because of the defendant’s negligence. One caveat is that you cannot deliberately ignore symptoms because the statute of limitations starts when you should have known that you were injured.
Other exceptions to the statute of limitations in Texas include:
- A minor who was under the age of 18 when they were hurt, and whose parents did not sue on their behalf, has a statute of limitations start when they turn 18
- The defendant was out of state when the cause of action arose (the statute of limitations begins when the defendant returns to the state)
- The defendant fraudulently concealed the facts that would give rise to the claim
You should never wait to file a lawsuit and then hope to be able to argue that an exception applies. You will be the one with the burden of proof to show why an exception should be made, and you are facing an uphill battle to persuade the judge.
Why Does the State Have a Statute of Limitations for Personal Injury Claims?
The statute of limitations exists in Texas for fairness reasons. While you have legal rights to seek compensation after a personal injury, the prospective defendant must also have their own rights. Practically speaking, it would be unfair to the defendant to have to defend against a lawsuit at some unknown point well into the future.
You may have your own evidence in your possession or witnesses who can testify for you. The defendant also needs access to proof that can help them deal with the allegations against them. If they have to face a possible lawsuit many years in the future, they may not have the ability to build their own case.
The defendant must also have some predictability. It would be inherently unpredictable for them if you could file a lawsuit at a time of your choosing without any time limit. While you can choose the timing of your lawsuit, it must be within the two-year deadline mandated by Texas law.
Why Should I Contact a Lawyer Well in Advance of the Statute of Limitations?
Even if you have up to two years to sue, you should begin the legal process now by contacting personal injury lawyers for the following reasons:
- You can lose valuable evidence that you need to win your case if you do not hire a lawyer who can conduct an immediate investigation
- The legal process takes time, and things will not be rushed just because you are close to the deadline
- You can gain peace of mind when you have the knowledge that there is someone in your corner who can protect your legal rights
Contact Our Houston Personal Injury Attorneys
At The Buzbee Law Firm, we are proud to stand up for injury victims, and we are not quiet about it. Our trusted Houston personal injury attorneys fight hard, win cases, and accept clients across Texas. If someone else’s negligence turned your life upside down, we want to hear your story. Do not let an important deadline slip by.
Contact us today at (713) 223-5393 to schedule your free consultation, and we will get to work on your case immediately.