Understanding the Statute of Limitations for Texas Injury Claims
Were you recently injured due to the negligence of another party? We hope not, but we understand that these types of incidents can occur at any time. In fact, you are probably eager to do whatever it takes to get healthy and return to your normal life as soon as possible. That’s all fine and good, but do not let the clock run out on your personal injury claim in Texas. A statute of limitations may sound confusing, but it affects your right to pursue compensation. Here’s what you need to know, broken down in simple terms so you can protect your rights in Texas.
What Is the Statute of Limitations?
Before we jump into Texas law, let’s first discuss the basics of statutes of limitations. Simply put, it is a countdown. Statutes of limitations are laws that limit the time within which you can file a lawsuit in court. The time usually starts running on the date of the injury. If you miss the deadline, a judge will almost certainly dismiss your case, even if you have a strong claim, and serious injuries. There are very limited exceptions to this rule, which we will discuss below. The purpose of a statute of limitations is to make sure people bring their lawsuits when evidence is still available, and witnesses still remember the accident.
The Standard Two-Year Time Limit for Texas Personal Injury Claims
Texas has a two-year time limit for almost all personal injury cases, regardless of the type of case or the cause of the accident. The two-year time limit applies to all car accident cases, slip and fall injuries, trucking accidents, and any other type of personal injury case where a negligent person or company causes you injuries and losses. Therefore, you have two years from the date of the accident to file a lawsuit in Texas. For example, if you were injured in an accident that happened on January 15, 2025, you must file a lawsuit before January 15, 2027, or your case will be dismissed. Two years might seem like a long time, but it will take time to figure out how to build a case. It is important to preserve evidence, gather information, negotiate with the insurance companies, and of course, you also need time to recover from your injuries. For this reason, you should contact a lawyer immediately.
Exceptions to the “Two Years” Rule
The “two years” rule applies to the vast majority of cases in Texas, but there are a couple of exceptions to that rule you should be aware of. The two most common exceptions to Texas’s two-year deadline are:
The “Discovery Rule”
The discovery rule exists to prevent a defendant from “hiding” their negligence, making it impossible for the injured party to know they have a valid case. Sometimes, it is not easy to know whether an injury has occurred or to know who was at fault. For example, perhaps you were exposed to a dangerous product or chemical but did not notice the injury or illness until years later. In such a situation, it would start ticking not on the date of the exposure, but on the date the plaintiff discovered, or reasonably should have discovered, the injury.
Claims Involving Minors
Under Texas law, if the victim of an accident is under the age of 18, the statute of limitations is tolled until that person’s 18th birthday. At that point, the two-year statute of limitations starts running, and the individual has two years from their birthday to file a personal injury claim. It is important to know that a parent or guardian can file a lawsuit on behalf of the injured minor. We'll let you know more about the other major exceptions below.
Claims Against the Government
If you are injured by a negligent government employee or a defective government building, you may be able to sue the government. But suing government agencies in Texas is different from suing private individuals. In particular, you cannot just go to court to file your claim right away. Instead, you must file a formal ‘notice of claim’ with the proper government agency, typically within 45 to 90 days of the date of the injury. So, if you were injured in Amarillo, you will need to file a claim with the City of Amarillo. Government claims are complex, so you should always speak to a qualified attorney if you believe you have a claim.
What Happens if the Deadline Is Missed?
The consequences of missing the statute of limitations are straightforward: you lose your right to have your case heard. Even if you have an excellent personal injury claim, it will be dismissed if you do not file a lawsuit before the deadline expires. In Texas, the defendant’s attorney simply files a “motion to dismiss” and the judge has no choice but to grant that motion. You will not be able to recover compensation for your medical expenses, lost wages, pain and suffering, or any other damage related to your injury.
Why You Shouldn’t Wait to Talk With a Lawyer
It is crucial that you file a lawsuit within two years from the time of your accident. However, this does not mean that you should wait until the last possible minute to contact a personal injury attorney. In fact, there are two major reasons for moving forward with your case well in advance.
First, your lawyer will need time to build up your case. This requires obtaining a copy of the police report, preserving evidence, getting copies of your medical records, and taking statements from witnesses before their memories fade. You may even need to have an expert witness on hand to corroborate your claim. An attorney will not be able to do all of this at the last minute and present you with the strongest possible case.
Second, filing a lawsuit is typically just the beginning of the legal process. Once your claim has been filed, you need time to negotiate with the insurance companies to work out a fair settlement. The earlier you file your claim, the sooner your case may be resolved, and the more money you could be entitled to receive.
Don’t Wait to Consult a Lawyer
It is important for every Texas personal injury victim to understand the law’s statute of limitations, particularly here in Amarillo. You have two years from the date of your accident to file a lawsuit. There are two main exceptions to this rule, which we have discussed in detail. You should not wait to consult a lawyer because building a strong case and giving yourself the best chance for compensation takes time.
If you or a loved one has been injured in Amarillo, reach out to The Warner Law Firm. We are ready to advise you on your rights, ensure you meet every deadline, and seek the maximum compensation possible for your case. Our experienced attorneys offer free consultation. Call us today to discuss your situation and learn more about how we can help.
