Statute of Limitations for Personal Injury in Texas

Key Takeaways

• Most Texas personal injury claims must be filed within two years of injury.
• The filing period usually begins on the date the injury occurs.
• The discovery rule may start the deadline when the injury is discovered or reasonably identifiable.
• Claims against the government may require notice within 180 days.
• Filing after the deadline usually results in dismissal and loss of recovery rights.

After an accident in Austin, timing determines every legal decision. The Texas statute of limitations for personal injury law sets a strict deadline for taking action, and missing it can eliminate the right to pursue compensation entirely.

In Texas, most personal injury cases have a two-year filing deadline starting from the date the injury occurred. A lawsuit not filed within that period generally bars recovery of damages in court. Working with an Austin personal injury lawyer can help ensure those deadlines are identified, calculated correctly, and met without exception. 

Understanding how this deadline applies, what exceptions may extend it, and why acting early matters are all part of building a solid personal injury claim in Texas. At TK Injury Lawyers: Austin Personal Injury Lawyer, we help injured clients move through this process with clarity and confidence.

Statute of Limitations in Texas Personal Injury Cases

Most personal injury claims in Texas, including car accidents and slip and fall incidents, are subject to a two-year filing deadline under Texas Civil Practice and Remedies Code §16.003, which requires legal action to be brought within two years from the date a cause of action accrues. However, certain circumstances can affect when that period begins or how it applies. Cases involving minors, delayed injury discovery, or claims against government entities may follow different timing rules, and some situations require earlier notice than others. Acting quickly can help preserve evidence and protect your ability to pursue compensation.

Timing also varies depending on the type of incident involved. How the Statute of Limitations for car accidents applies differs from how it operates in other claim types, and knowing when to contact a personal injury lawyer can make a difference in how a case develops from the beginning.

The Date of Injury vs. the Discovery Rule

The filing period typically begins on the date the injury occurs, but not every injury is immediately apparent. When harm develops gradually or becomes clear months later, courts may allow the deadline to start from the point at which a reasonable person could have identified the injury and its cause.

Proving eligibility for this exception requires careful legal evaluation, including a review of medical records, timelines, and the circumstances under which the harm was identified. 

Texas Statute of Limitations Personal Injury: Time Frame to File an Injury Claim

In Texas, most personal injury lawsuits must be filed within two years of the injury’s occurrence. That deadline usually begins on the day the injury occurs.

• When the Clock Starts: The two-year period typically starts the day the injury happens.
• Situations That Pause or Extend the Deadline: Some claims get more time, like those involving minors, mental incapacity, or delayed discovery.
• What Happens If You Miss It: Filing late usually means the court will dismiss your case.
• Why Acting Fast Helps: Starting early gives your attorney more time to gather substantial evidence.
• Fatal Cases: For wrongful death, the clock starts ticking on the date of death.
• Claims Against the Government: These may require notice within 180 days under the Texas Tort Claims Act.

Limitations that apply to civil injury claims are defined in civil statutes, while wrongful death lawsuits are governed by Texas Civil Practice and Remedies Code § 71.

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What Happens If You Don’t File Within the Two-Year Period?

If two years have gone by since the personal injury or intentional tort claim and you submit a lawsuit, the other party will usually file a motion to dismiss. The court will typically support the dismissal. Even if you’ve sustained substantial damages, the clock has stopped ticking, and you lose your right to negotiate or settle a claim.

Noted Exceptions to the Two-Year Statute of Limitations in Texas

The state has recognized several scenarios that may extend the statute of limitations clock, or at least pause it, after it begins to run. Below are examples of two of these exceptions.

• If the plaintiff has a legal disability, is under 18 years old, or is not of a sound mind, the clock normally does not start ticking until the litigant reaches the age of majority or is mentally competent to make a claim. This legal exception is listed under Section 16.001 of the Civil Practice & Remedies Code.
• An exception is noted as well if the defendant, or the party who allegedly caused the injuries, leaves the state of Texas within the two years following the accident. Their absence is not included in the two-year time frame. 

Do Filing Deadlines Change for Out-of-State Visitors Injured in Texas?

Texas law applies the same filing deadlines regardless of where an injured person lives. Visitors hurt in Austin, whether in a collision on a local highway or a fall at a nearby business, must follow the same two-year timeline as any Texas resident when pursuing compensation in state courts.

Out-of-state cases can have additional complexity. Insurance policies issued in other states, evidence located across jurisdictions, and multi-state parties can all influence how a claim is approached. Early legal review helps identify the correct venue and prevents delays that could affect the outcome.

Motions to Dismiss Based on Statutes of Limitations 

When a plaintiff files a lawsuit outside the permitted timeframe, defendants may respond with a motion to dismiss, arguing the claim is barred by the applicable statute of limitations. Courts typically grant these motions, and once dismissed, the opportunity to recover compensation is generally gone, regardless of how solid the underlying facts may be.

Plaintiffs can challenge a dismissal by presenting recognized tolling arguments, such as delayed injury discovery, fraudulent concealment by the defendant, or minority or incapacity at the time of the incident. Courts evaluate these arguments carefully, but meeting that burden requires documented legal support.

Filing within the correct timeframe is the most reliable way to avoid this outcome entirely.

Common Mistakes That Can Affect Your Filing Deadline

Several missteps can jeopardize a claim under the Texas statute of limitations personal injury framework. Understanding where these errors typically happen helps avoid losing the right to pursue compensation altogether. 

Common mistakes may include:

• Delaying Medical Care: Gaps in treatment records weaken the connection between the injury and the incident, creating openings for insurers to dispute the claim.
• Waiting to Consult an Attorney: Critical evidence, including surveillance footage and witness statements, can disappear quickly after an accident.
• Misreading the Filing Timeline: Many assume the two-year period begins after treatment ends. In most cases, it starts on the date of injury, regardless of where recovery stands. 
• Misreading the filing timeline: Many assume the two-year period begins after treatment ends. In most cases, it starts on the date of injury, regardless of where recovery stands. 

Early action protects a claim. Moving quickly to document injuries, secure evidence, and confirm filing timelines can ensure every step aligns with Texas law.

Exceptions to the Statute of Limitations in Texas

While the statute of limitations is a strict deadline in the majority of injury cases, there are some exceptions in limited cases. However, you should never assume that an exception applies to your situation. Instead, you should always have an Austin personal injury attorney from TK Injury Lawyers assess the matter.

Below are some examples of possible exceptions when the statute of limitations might be extended longer than two years for a personal injury case in Texas.

Discovery Rule

One of the common exceptions to the statute of limitations is the discovery rule. Under the discovery rule, the statute of limitations begins to run from the date the injury is discovered, or when the injured person should have reasonably discovered they had an injury.

This rule applies in cases where the injury is not immediately apparent or when the responsible party fraudulently concealed the injury. For example, if you were exposed to toxic chemicals that caused you harm, but you only became aware of the harm several years later, the statute of limitations may start from the date you discovered the injury.

The Victim is a Minor

Another exception to the statute of limitations is the tolling of the limitations period for minors. When a child is injured, the statute of limitations is typically tolled or suspended until the child reaches the age of 18. Once the child turns 18, they will have the same two-year window to file a personal injury lawsuit as an adult. This exception recognizes that children may not be able to fully understand their legal rights or pursue a claim on their own and allows them additional time to take action.

Mental Incapacitation

Additionally, Texas law provides for a tolling of the statute of limitations for individuals who are mentally incapacitated or deemed legally incompetent at the time of their injury. In these cases, the limitations period is tolled until the person regains their mental capacity. This exception ensures that those who are unable to protect their own legal interests due to mental incapacity are not unfairly barred from seeking compensation for their injuries.

Fraudulent Concealment

If the party that caused the injury took steps to fraudulently conceal their misconduct and liability for the harm, the statute of limitations will be tolled until the liability is discovered. For example, if a doctor commits a surgical error and actively conceals it from a patient, the statute of limitations can be paused until the patient discovers the doctor’s fraudulent concealment. This is similar to, but distinct from, the discovery rule.

The Faster You Start the Process, the Stronger Evidence Your Attorney Might Collect

The statute of limitations is not the only time-related concern you have after an injury, as preserving and securing evidence is pivotal to your case. Waiting too long to call an Austin personal injury attorney can lead to the deterioration or disappearance of critical evidence, significantly weakening your chances of a successful personal injury claim.

Witness Recollection

Time can erode the memories of witnesses who may have observed the incident or can provide essential details about the circumstances leading to the injury. Statements made closer to the time of the incident are generally more accurate and reliable. Delaying legal action may result in witnesses forgetting key details or becoming less certain about what they witnessed.

Surveillance Footage

If the incident occurred in a public place or an area under surveillance, there may be security camera footage capturing the event. However, surveillance footage is often only retained for a limited time before being overwritten. Acting promptly allows your attorney to secure this footage before it is lost, providing valuable evidence to support your case.

Physical Evidence

The preservation of physical evidence is time-sensitive. This includes preserving the condition of the scene where the incident occurred, such as a hazardous walkway or a defective product. Weather conditions, human activity, or alterations to the environment can compromise the integrity of the evidence. Prompt legal intervention ensures that investigations can be conducted while the evidence is still fresh.

Medical Records and Expert Testimony

Seeking medical attention promptly after an injury does more than protect health. It establishes a documented connection between the incident and the harm suffered, and that connection becomes central to any personal injury claim. Delays in treatment create gaps that insurers often use to question causation or minimize the severity of injuries.

Medical records, combined with expert testimony when needed, provide the evidentiary foundation that supports compensation for both immediate and long-term losses.

Identifying Your Losses

The covered losses – or legal damages – you suffer as a result of the other party’s negligence can be immense, and a critical element of your claim is ensuring that all such losses are well accounted for.

Medical Expenses

The medical expenses you experience in relation to your personal injury claim may be ongoing. The more serious your injuries, the more extensive you can expect your medical expenses to be, and if you experience secondary health concerns or complications, these costs can be compounded. Common medical expenses include:

1. Emergency care
2. Surgery
3. Hospital care
4. Medical plans including treatments, procedures, and tests
5. Pain management
6. Rehabilitation
7. Physical therapy
8. Occupational therapy

Lost Income

While you are on the path toward recovery, you are very likely to be off the job and experience lost earnings as a result. This is difficult enough in the face of all those medical expenses, but if your earning potential is affected, it can be more so.

Pain and Suffering

The pain and suffering – both physical and emotional – you experience as a result of someone else’s negligence should receive the attention it deserves. Overcoming this category of loss can be exceptionally challenging.

Settling your claim before you understand the full extent of your losses can leave you with far less compensation than the amount to which you are entitled – and that you need to fully recover.

Contact an Austin Personal Injury Lawyer to Take Action 

If you have been hurt because of someone’s negligence or have been involved in an incident that involved an intentional tort, you need to contact a personal injury attorney without delay.

Time’s running out. Call TK Injury Lawyers: Austin Personal Injury Lawyer at (512) 910-2000 to protect your rights and secure the compensation you deserve. Schedule your free consultation.