When you are harmed because of someone else’s negligence, there are many immediate concerns—medical care, time away from work, emotional distress—but one factor that is often overlooked is how much time you have to take legal action. In Texas, the law limits how long you have to bring a civil claim after suffering an injury. This time limit is known as the statute of limitations. If that window closes, the opportunity to pursue legal accountability may be permanently lost. Understanding this deadline and how it may apply to your situation is an essential part of protecting your legal rights.
General Statute of Limitations for Personal Injury in Texas
For most personal injury cases in Texas, the statute of limitations is two years from the date of the injury. This timeline is established in Texas Civil Practice and Remedies Code § 16.003. The two-year window generally applies to claims involving motor vehicle collisions, falls caused by unsafe property conditions, and other incidents where an injury results from negligent behavior. In most cases, the clock starts on the day the injury occurred. If a lawsuit is filed after that deadline, the court is likely to dismiss the case regardless of its facts. This makes timing a critical factor in every civil injury claim.
Exceptions and Special Circumstances That May Affect the Deadline
Although the general rule is a two-year deadline, Texas law allows for certain exceptions that can pause or shift the timeline. These exceptions may include:
- The Discovery Rule: If an injury or its connection to an incident is not immediately apparent, the statute of limitations may begin when the injury is discovered or should have reasonably been discovered.
- Minor Plaintiffs: When the injured party is under 18, the timeline is typically paused until their eighteenth birthday. The two-year period begins once they reach adulthood.
- Mental Incapacity: If a person lacks legal mental capacity at the time of the injury, the statute may not begin until that incapacity ends.
- Wrongful Death Claims: These claims carry the same two-year deadline but begin on the date of death rather than the date of the original injury.
These exceptions are narrow and fact-dependent, so applying them properly requires a case-specific analysis.
Claims Against Government Entities
When a government agency or employee is involved, personal injury claims follow additional rules under the Texas Tort Claims Act. These cases involve notice requirements that are far more urgent than the standard two-year filing period. Some key requirements include:
- Formal Written Notice: Notice of the claim must usually be submitted within six months of the injury.
- City and County Variations: Some local governments impose even shorter deadlines, sometimes requiring notice in as little as 45 or 90 days.
- Notice Contents: The notice must include essential information such as the date, location, and description of the incident.
Failing to meet these requirements may bar you from filing a claim altogether. Timely action is critical when government liability is involved.
The Risk of Missing the Deadline
When a statute of limitations expires, the court is generally barred from hearing the case. Even if the injury is severe and the other party acted negligently, the case may be dismissed if it is filed too late. That legal cut-off applies regardless of how strong the facts are. In addition, the longer someone waits, the more difficult it may be to locate evidence, gather documentation, or speak with witnesses. Time affects more than just the legal deadline—it affects the strength of the case itself. Preserving the facts, securing documentation, and addressing legal timelines early are all essential components of building a strong personal injury claim.
How Legal Representation Can Help You Navigate the Timeline
Time limits are not always straightforward. What may appear to be a simple two-year deadline can quickly become complicated once exceptions, government claims, or delayed discovery issues come into play. The legal process involves numerous procedural rules that can affect how and when a case must be filed. Rather than trying to interpret these rules alone, working with a legal team allows you to focus on your recovery while your rights are protected in the background.
One of the key roles of legal support is tracking these deadlines accurately, making sure nothing falls through the cracks. Legal teams can take early action to gather evidence, request records, consult professionals, and prepare filings within the appropriate time frame. This is particularly important in cases where facts are complex or involve more than one potential deadline. With timely support, your legal claim can move forward without being delayed by avoidable procedural issues.
Take Action Before Time Runs Out
Legal deadlines are not just procedural; they determine whether your injury claim can move forward at all. In Texas, most personal injury cases must be filed within two years of the incident, and in some situations, such as cases involving government agencies, have much shorter timelines. Even valid claims with strong evidence can be dismissed if they are filed too late.
At Gosuits, we make sure your legal rights are protected from day one. Our personal injury attorneys track all applicable deadlines, identify potential exceptions, and preserve key evidence before it is lost. You will not be passed off to a case manager. Instead, you will work directly with an attorney who understands the nuances of Texas civil law and how timing affects every stage of your case. We handle the complexity so you can focus on healing.
If you believe you may have a claim, do not wait until it is too late. Contact Gosuits today for a free consultation. We will review your case timeline, explain your legal options, and help you take action before time runs out.
