In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. That window may sound like plenty of time, but it disappears faster than most people expect, especially when you factor in recovery, medical appointments, insurance disputes, and the demands of everyday life. If you miss that deadline, you will almost certainly lose your right to pursue compensation entirely, regardless of how strong your case may be.
At Byrd Davis Alden & Henrichson, LLP, we have been representing personal injury victims in Austin and throughout Texas since 1959. Our board-certified attorneys understand how high the stakes are when deadlines are involved, and we work with clients to make sure no critical window is closed before their case has a chance to be heard. With a 98% success rate and over $100 million recovered, we know what it takes to protect our clients’ rights from day one.
What Is the Statute of Limitations for Personal Injury in Texas?
The statute of limitations is the legally imposed deadline for filing a lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003, a person must bring a personal injury suit no later than two years after the date the cause of action accrues. In most cases, that means two years from the date of the accident or injury.
When Does the Clock Start?
The two-year period typically begins on the day the injury occurs. If you were in a car accident on May 1, you generally have until May 1 two years later to file a lawsuit in court. It is important to understand that this deadline applies to actually filing a lawsuit, not just reporting the incident or opening an insurance claim.
Are There Exceptions That Could Extend the Deadline?
Texas law recognizes certain situations where the standard two-year window may be extended. These exceptions are narrow, and courts apply them strictly.
The Discovery Rule
In some cases, an injury is not immediately obvious. The discovery rule allows the statute of limitations to begin when the injured party discovered, or reasonably should have discovered, that they were harmed. This most often comes up in cases involving delayed-onset injuries or illnesses where symptoms do not appear right away.
Injuries Involving Minors
If the injured person is a minor at the time of the accident, the two-year clock does not begin running until they turn 18. This means a child injured at age 10 would have until age 20 to file a claim.
Claims Against Government Entities
When a government entity is responsible for your injuries, such as a city or state agency, different rules apply. You may be required to file a formal notice of claim within six months of the incident before you can file a lawsuit. Missing this notice deadline can be just as damaging as missing the filing deadline itself.
What Happens If You Miss the Deadline?
Missing the statute of limitations in Texas is not a technicality that can be easily corrected. In personal injury cases where the deadline passes, the defendant’s attorney will almost certainly file a motion to dismiss the case, and courts will typically grant it. The result is that you lose your right to recover compensation for your injuries, your medical bills, lost wages, and pain and suffering, no matter what the evidence shows. This is why acting early matters so much.
Why Acting Quickly Actually Helps Your Case
Beyond protecting your legal rights, there are practical reasons to move quickly after an injury. Evidence deteriorates over time. Surveillance footage gets deleted, witnesses forget details, and physical evidence can be lost or altered. In cases involving catastrophic injuries, the documentation required to build a compelling damages case is extensive, and gathering it takes time. Early involvement of an attorney gives your legal team the best opportunity to preserve evidence and build the strongest possible claim.
It is also worth noting that many personal injury cases settle before trial. Texas operates under a modified comparative negligence framework, meaning the amount of compensation you receive can be reduced based on your percentage of fault. Early investigation helps ensure that your side of the story is clearly established before those negotiations begin. And in cases where a death resulted from the injuries, wrongful death claims in Texas follow the same two-year rule, so families of those lost also need to act promptly.
Contact Byrd Davis Alden & Henrichson, LLP Before the Deadline Passes
Understanding how long you have to file a personal injury lawsuit in Texas is only part of the equation. The other part is making sure you take action before that time runs out. Statutes of limitations are unforgiving, exceptions are limited, and the cost of waiting can be the loss of your entire case. The sooner you consult with an attorney, the more options you will have.
Byrd Davis Alden & Henrichson, LLP has been Austin’s trusted personal injury firm for over 65 years. Our attorneys, Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May, bring board-certified skill and a trial-ready approach to every case we handle. We are recognized by Super Lawyers, Best Lawyers, Best Law Firms, and the Bar Register of Preeminent Lawyers, and we do not collect a fee unless we win. If you have been injured, do not let time make the decision for you. Reach out through our contact form to schedule your free consultation today.
