Understanding the Texas Statute of Limitations and Your Personal Injury Case

When someone else’s negligence causes you harm, Texas law gives you a limited window to pursue legal action and recover compensation for your damages. In most personal injury cases, the Texas statute of limitations gives you only two years from the date of your injury to file your claim.

Missing critical filing deadlines can permanently destroy your right to hold negligent parties accountable, regardless of how strong your case might be. Call Campos Law Group at (512) 233-6947 to schedule a free consultation with a Texas personal injury lawyer with decades of experience fighting for injury victims across the state.

Understanding the Texas Statute of Limitations and Your Personal Injury Case

Texas law imposes a two-year statute of limitations for most personal injury claims, meaning you have two years from the date of your injury to file your claim or lawsuit against liable parties. The clock generally starts ticking on the day the accident or injury occurred.

Consequences of Missing Filing Deadlines

Failing to file your lawsuit before the statute of limitations expires carries severe consequences that can completely derail your pursuit of compensation. Missing the deadline results in:

• Immediate dismissal of your lawsuit, regardless of case merit
• Loss of your right to recover compensation for your injuries
• No legal recourse, even with overwhelming evidence of liability
• Permanent forfeiture of claims against all potentially responsible parties

Courts strictly enforce statute of limitations deadlines with very few exceptions. Judges will dismiss even the strongest cases when plaintiffs file too late, leaving injury victims with no legal options to recover damages for medical expenses, lost wages, or pain and suffering.

Claim Exceptions to the Texas Statute of Limitations

Certain types of personal injury claims follow different deadlines or have special rules that modify the standard two-year statute of limitations. These exceptions include:

• Medical Malpractice: Texas Civil Practice and Remedies Code § 74.251 provides victims with two years from the date of the negligent act or from the date treatment ended, whichever is later, to file a lawsuit. However, a statute of repose bars claims filed more than ten years after the negligent act occurred, regardless of when you discovered the harm.
• Toxic Exposure: Claims involving exposure to toxic substances often invoke the discovery rule since symptoms may not appear for years after initial contact. Courts examine when you first knew about both the injury and its probable cause to determine when the statute of limitations begins running.
• Product Liability: Texas law applies the standard two-year deadline to most product liability claims. However, the statute of repose under § 16.012 bars claims filed more than fifteen years after the product’s sale, regardless of when injuries occurred.
• Government Claims: Texas law requires you to file notice of your claim against government entities within six months of the incident. Then, you must file your lawsuit within two years, meaning government claims have both shorter notice requirements and the standard filing deadline.

Circumstances That Can Toll the Texas Statute of Limitations

Some circumstances pause or delay the statute of limitations clock, effectively extending the time you have to file. Standard tolling provisions:

• Minority: Texas tolls the statute of limitations for plaintiffs under age 18. The two-year deadline doesn’t begin until the injured person turns 18, giving minors until their 20th birthday to file most personal injury claims.
• Discovery Rule: Courts apply this equitable doctrine when plaintiffs couldn’t reasonably have discovered their injury or its cause despite exercising reasonable diligence. The statute of limitations begins when you knew or should have known about the injury and its connection to the defendant’s actions.
• Mental Incapacity: Texas law tolls limitations for individuals of unsound mind who are unable to manage their affairs or understand their legal rights at the time of injury. The clock remains paused until a court removes the disability or appoints a legal guardian to pursue claims.
• Legal Disability: Similar to mental incapacity, legal disability suspends the statute of limitations from running against individuals who are unable to protect their legal interests. The tolling continues until the disability ends or someone gains authority to act on the disabled person’s behalf.
• Fraudulent Concealment: When defendants actively hide their wrongdoing or deceive you about the cause of your injury, courts may toll the statute of limitations. The concealment must involve affirmative acts beyond mere silence or failure to disclose information.
• Military: Federal law, under the Servicemembers Civil Relief Act, can toll state statutes of limitations for active-duty military personnel. The tolling period typically extends limitations while service members remain on active duty, plus an additional period after discharge.
• Absence of Defendant: Texas Civil Practice and Remedies Code § 16.063 tolls the statute of limitations when defendants leave Texas after causing injury but before you file suit. The clock stops running during their absence from the state and resumes upon their return.

Consult a Reputable Texas Personal Injury Attorney Now

Don’t wait until the last minute to explore your legal options and understand the deadlines that apply to your specific situation. Early action preserves your rights and gives us maximum time to build the strongest possible case for your compensation.

Call our team of experienced lawyers at Campos Law Group Personal Injury Attorneys for a free consultation, and take the first step towards getting the support you deserve.

We serve all throughout Texas. Visit our law office at:

Campos Law Group Personal Injury Attorneys
3910 S Interstate 35, STE 300
Austin, TX 78704
Phone: (512) 886-9119
Email: Info@KeepAustinSafe.com