Time is one of your most critical resources after sustaining injuries in an accident. The statute of limitations for personal injury claims in Texas sets a firm deadline that can mean the difference between securing compensation and losing your right to pursue justice entirely.
When you’ve been injured due to someone else’s negligence, Byrd Davis Alden & Henrichson, LLP is here to guide you through the legal process. With 65 years of experience representing personal injury victims in Texas, our trial lawyers have successfully recovered over $100 million for clients facing time-sensitive legal situations.
What Is the Statute of Limitations for Personal Injury Claims?
The statute of limitations establishes the maximum time period during which an injured person can file a lawsuit. In Texas, most personal injury claims must be filed within two years from the date the injury occurred, according to the Texas Civil Practice and Remedies Code. This deadline applies to various accident types, including vehicle collisions, slip and fall incidents, and product liability cases.
If you miss this deadline, you usually lose your chance to seek payment from the court. Insurance companies and defense lawyers watch these dates and often ask courts to dismiss cases filed after the deadline has passed.
How Does the Statute of Limitations Apply to Different Injury Cases?
The two-year rule covers most car accident and injury cases. Wrongful death claims also have two years, but the deadline starts from the date of death, not the injury.
Truck accident cases with commercial vehicles can be more complex because they can need long investigations and may involve several companies or people. Starting early gives time to gather needed evidence before the deadline.
When Does the Statute of Limitations Clock Begin?
The limitations period generally begins on the date the injury occurs. However, Texas recognizes the “discovery rule” in certain situations where injuries are not immediately apparent. This rule allows the clock to start when the injured person discovers or reasonably should have discovered the injury.
For example, exposure to toxic substances or defective medical devices may cause harm that only becomes evident months or years later. In such situations, courts determine whether a reasonable person in similar circumstances would have discovered the connection between their injuries and the responsible party’s actions.
Are There Exceptions to the Two-Year Deadline?
Texas law provides limited exceptions that may pause or extend the statute of limitations:
- Minors: The statute of limitations typically doesn’t begin until a child reaches age 18, though parents may file on behalf of injured children
- Mental Incapacity: If the injured person lacks the mental capacity to manage their affairs, the limitations period may be tolled until capacity is restored
- Defendant Absence: If the responsible party leaves Texas to avoid legal proceedings, the time they spend outside the state may not count toward the limitations period
These exceptions apply only in specific circumstances and require careful legal analysis to determine eligibility. Don’t assume an exception applies to your case without consulting an experienced attorney.
Why Should You Act Quickly After an Injury in Texas?
Beyond meeting the statute of limitations deadline, taking prompt legal action provides several advantages:
- Evidence Preservation: Witnesses’ memories fade, physical evidence disappears, and accident scenes change over time
- Medical Documentation: Seeking immediate medical care creates records linking your injuries directly to the accident
- Negotiation Leverage: Filing within weeks or months of the accident, rather than approaching the deadline, demonstrates your case’s strength to insurance adjusters
- Financial Planning: Understanding your legal options early allows you to make informed decisions about medical treatment and financial obligations
Starting your case early also provides your legal team adequate time to conduct thorough investigations, retain expert witnesses, and build the strongest possible claim before filing deadlines arrive.
Contact Experienced Personal Injury Attorneys in Austin, TX, Today
Understanding the statute of limitations for personal injury claims helps protect your legal rights after an accident. Texas’s two-year deadline leaves little room for hesitation, and waiting too long can permanently eliminate your opportunity to seek compensation for medical expenses, lost wages, and pain and suffering.
Byrd Davis Alden & Henrichson, LLP has spent 65 years helping injury victims meet legal deadlines and secure favorable outcomes. Our trial lawyers maintain a 98% success rate by treating every case with the attention and expertise it deserves. Call (512) 454-3751 or complete a contact form to schedule your consultation and protect your rights under Texas law.
