Texas Statute of Limitations for Personal Injury Claims

The Short Answer…

In Texas, the statute of limitations for filing a personal injury lawsuit is generally 2 years from the date of the accident. This means that if you do not file a lawsuit within this timeframe, you may lose your right to seek compensation. However, certain exceptions may extend or shorten this deadline. Because missing the deadline can result in losing your legal rights, consult with a personal injury lawyer as soon as possible to help ensure your claim is filed on time and that any potential exceptions are properly evaluated.

Key Takeaways

Standard Deadline: You typically have 2 years to file a lawsuit for personal injury in Texas.
Exceptions Apply: Cases involving minors, government claims, delayed injury discovery, and certain other exceptions can extend or shorten this timeframe.
Missing the Deadline: If you file after the statute expires, you may be prevented from pursuing compensation.
Act Quickly to Protect Your Rights: Seeking medical attention, documenting evidence, and consulting an attorney early can strengthen your case.
Legal Help Matters: A personal injury lawyer can help ensure all deadlines are met and pursue the compensation you may be owed.

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What Is the Statute of Limitations for Personal Injury in Texas?

When Does the Statute of Limitations Start Running?

Exceptions to the Texas Personal Injury Statute of Limitations
Steps to Protect Your Rights and File on Time
What If You Miss the Texas Personal Injury Statute of Limitations?
Why You Should Act Now & Not Wait to File
How Braker White Can Help You File Your Claim Before Time Runs Out

What Is the Statute of Limitations for Personal Injury in Texas?

The statute of limitations is a legal time limit that dictates how long an injured person has to file a lawsuit. As outlined in Texas Civil Practice & Remedies Code § 16.003, the deadline to file within 2 years of the incident applies to most personal injury cases in Texas, including:

Vehicle accidents (car, truck, motorcycle,etc.)
Spinal cord injuries, traumatic brain injuries (TBI), and dog bites
Medical malpractice
Product liability
Work accidents (non-workers’ compensation cases)
Slip and falls

Failing to file before the deadline means the court will likely dismiss your claim, barring you from recovering compensation for medical bills, lost wages, and other damages.

When Does the Statute of Limitations Start Running?

The clock typically starts on the date of the accident. However, if your injury is discovered later or certain other exceptions apply to your case, the deadline may be extended.

Exceptions to the Texas Personal Injury Statute of Limitations

While the 2-year statute of limitations applies to most personal injury cases in Texas, there are important exceptions that can extend, shorten, or pause this deadline. These exceptions recognize situations where victims may be facing unique challenges that delay legal action. Below are the key exceptions that could impact your ability to file a claim:

In some cases, injuries are not immediately noticeable, and victims may not be aware they have suffered harm until weeks, months, or even years after an accident. This commonly applies to toxic exposure, internal organ damage, medical malpractice, and delayed-onset injuries like traumatic brain damage.

In such cases, the statute of limitations does not begin on the date of the accident but instead when the injury is reasonably discovered or when the victim should have discovered it. However, proving that an injury was not reasonably discoverable at the time of the accident can be challenging, and courts often require strong medical and expert testimony to justify the delay.

In Texas, the statute of limitations for a minor does not begin until their 18th birthday. This means that if a child is injured in an accident, they have until their 20th birthday to file a personal injury claim. However, parents or legal guardians can file a lawsuit on behalf of the minor before they turn 18.

If an injured person is deemed mentally incapacitated at the time of the accident or at any point during the statute of limitations period, Texas law allows for the tolling (pausing) of the deadline until they regain legal capacity. Mental incapacitation can include severe brain injuries, cognitive disabilities, psychiatric conditions, or coma resulting from the accident. In such cases, the statute of limitations may only begin or resume once the individual is medically and legally deemed competent.

If you are filing a personal injury claim against a Texas city, county, or state government entity, a shorter deadline applies under the Texas Tort Claims Act. Instead of the standard 2-year limit, you must provide formal notice of your claim within 6 months of the accident. In some cities or counties, this deadline is even shorter. Cases against government entities often involve additional legal hurdles, so reach out to an attorney as soon as possible.

Sometimes, a negligent party will move out of Texas after causing an accident, making it more difficult for victims to serve them with a lawsuit. Under Texas law, if a defendant leaves the state before a lawsuit is filed, the statute of limitations may be paused during the period they are out of state. The time they spend outside Texas does not count against the 2-year deadline, ensuring that a defendant cannot evade liability simply by relocating.

When an accident results in fatal injuries, the statute of limitations follows a different timeline. Instead of starting on the date of the accident, the 2-year period begins on the date of the victim’s death. Certain exceptions—such as medical malpractice cases, fraudulent concealment, or cases involving minors—may provide additional time if the cause of death was not immediately clear.

The statute of limitations can be complex, especially when exceptions or legal nuances apply. Missing a deadline could mean losing your right to compensation, but an experienced personal injury attorney from Braker White can evaluate your case, determine if any exceptions apply, and ensure all legal paperwork is filed correctly and on time. If you’re unsure about how much time you have left to take legal action, consulting an attorney as soon as possible can help protect your rights and maximize your chances of securing fair compensation.

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Steps to Protect Your Rights and File On Time

Taking action quickly after an accident is essential to preserving your legal rights and pursuing the compensation you may be entitled to. Here are the key steps to help ensure you file your claim on time:

See a Medical Professional Immediately: Even if you feel fine, see a doctor as some injuries take time to appear. Prompt medical care not only helps your recovery but also provides documentation for your claim.
Speak With a Personal Injury Attorney Early On: A lawyer can determine the correct statute of limitations, identify exceptions, and handle all legal paperwork while negotiating with insurance companies to help secure fair compensation.
Document Everything: Keep records of medical treatments, bills, accident reports, and any communication with insurers. Take photos of the scene, injuries, and property damage, and collect witness statements if possible.
Avoid Insurance Delay Tactics: Insurers may delay or undervalue claims to run out the clock on your case. An attorney can push back against these tactics and help ensure your claim moves forward before time runs out.

What If You Miss the Texas Personal Injury Statute of Limitations?

Missing the Texas statute of limitations for a personal injury claim can have serious consequences. Courts strictly enforce the 2-year deadline, and if you file late, your case will likely be dismissed—regardless of how strong your evidence is. Insurance companies also track deadlines, and once the statute expires, they have no obligation to negotiate or settle your claim, leaving you with no compensation.

However, if the deadline has passed, you may still have options:

Argue for an exception: Certain legal exceptions, such as the Discovery Rule, minor status, or mental incapacitation, may allow for an extension, though they are rarely granted without strong evidence.
Negotiate a settlement: If an insurance company is still willing to negotiate, you may be able to reach a private settlement.
Explore alternative legal claims: In some cases, you may have grounds for a bad faith insurance lawsuit or another type of legal claim that falls outside the standard statute of limitations.

Bottom Line: If you think you may have a claim, act quickly to ensure you don’t lose your right to compensation. The sooner you speak with an attorney, the better your chances of meeting the deadline and securing the financial recovery you may deserve.

Why You Should Act Now & Not Wait to File

Delaying your personal injury claim can seriously weaken your case and reduce your chances of securing fair compensation. Here’s why time is of the essence:

The longer you wait, the weaker your case becomes. Physical evidence such as accident scene conditions, surveillance footage, and medical records may become harder to obtain. A delay can also give the defense more opportunities to challenge the severity of your injuries.
Witnesses forget details, and evidence disappears. Eyewitnesses play a crucial role in proving fault, but over time, their memories fade, and they may become unreachable. Additionally, important documentation—like security footage or accident reports—can be lost or destroyed.
Insurance companies love delays. Insurers may drag out the claims process, hoping you’ll miss the filing deadline or accept a lowball offer out of frustration. The sooner you take legal action, the more leverage you have in negotiations.

By filing your claim promptly and working with an attorney, you strengthen your case, preserve valuable evidence, and improve your chances of receiving the maximum compensation available.

How Braker White Can Help You File Your Claim Before Time Runs Out

Navigating the Texas statute of limitations can be overwhelming, but you don’t have to do it alone. At Braker White, our personal injury lawyers in Odessa and Midland have the experience and resources to handle every aspect of your case to help ensure you get compensation for your injuries.

We handle everything from start to finish: From gathering evidence and dealing with insurance adjusters to filing court documents and negotiating settlements, we take care of the legal complexities so you can focus on your recovery.
We ensure your claim is filed on time: The legal system can be unforgiving when it comes to deadlines. Our team makes sure all paperwork is submitted correctly and before the statute of limitations expires, preserving your right to compensation.
No upfront fees: We work on a contingency fee basis, meaning you owe us nothing unless we successfully recover compensation for you. There’s no financial risk in getting the legal help you need.
We fight for the maximum compensation: Insurance companies often try to lowball victims or deny claims altogether. We use aggressive legal strategies to push for full and fair compensation.
We provide personalized legal support: Every injury case is unique, and we tailor our approach to meet your specific needs. Whether your case is straightforward or involves complex legal issues, we’re prepared to fight for your best interests.

Your window for filing won’t stay open forever—don’t risk missing your chance to recover compensation. Contact Braker White today for a free consultation, and let us help you take the next step toward justice.