Texas Statute of Limitation for Personal Injury

Suppose you’ve been injured in an accident or experienced a wrongful death in Pearland, Texas. In that case, you’ve likely heard about the Texas statute of limitations and wondered what it means for your case. This legal time frame dictates how long you must file a lawsuit, making it a critical component of your personal injury claim. 

Missing this deadline can bar you from seeking the compensation you deserve, so understanding it is essential.

What Is the Texas Statute of Limitations?

The statute of limitations is a legal deadline determining how long a person has to initiate a legal claim after an injury or wrongful act occurs. In Texas, the most common time limits include:

• Personal Injury Claims: Two years from the date of the injury.
• Wrongful Death Claims: Two years from the date of death.
• Property Damage Claims: Two years from the date of the incident.

These deadlines are enforced under the Texas Civil Practice and Remedies Code and apply to most personal injury cases, including car accidents, dog bites, and truck accidents. For example, if you’re involved in a car accident in Pearland, you must file your lawsuit within two years. Failure to do so typically results in losing your right to compensation.

Why Does the Statute of Limitations Exist?

The statute of limitations serves several purposes:

Preserving Evidence: Evidence can degrade or disappear over time, and witnesses’ memories may fade.

Encouraging Prompt Resolution: It motivates plaintiffs to file claims promptly, ensuring legal matters are addressed without unnecessary delays.

Providing Closure: Defendants deserve protection from indefinite legal uncertainty.

Exceptions to the Texas Statute of Limitations

While the deadlines are strict, there are exceptions:

1. Discovery Rule: In cases where the injury or damage wasn’t immediately apparent, the statute begins when the injury is discovered or reasonably should have been discovered.
2. Minors: If the injured party is under 18, the statute of limitations typically begins on their 18th birthday.
3. Government Claims: When suing a government entity, you must file a formal notice of claim within six months of the incident, and the statute of limitations may differ.
4. Legal Disabilities: If the plaintiff is mentally incapacitated, the statute may be tolled until their capacity is restored.

Special Considerations for Statutes of Limitations in Texas

While the Texas statute of limitations for personal injury cases is generally two years, exceptions can apply based on unique circumstances. Understanding these nuances is crucial for protecting your legal rights.

Minors and Statutes of Limitations

If the injured party is a minor, the statute of limitations typically doesn’t begin until the individual turns 18. This means they would have until their 20th birthday to file a personal injury claim.

Government-Related Claims

If your injury involves a government entity, such as a city bus accident, the timeline for filing a claim is significantly shorter. You may need to submit a notice of claim within six months or even sooner, depending on the jurisdiction.

Discovery Rule

In cases where injuries or harm aren’t immediately apparent, the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered. This is common in medical malpractice or toxic exposure cases.

Comparison Table: Statutes of Limitations for Different Case Types in Texas

This table provides a quick reference for understanding the varying timelines across different legal claims in Texas.

Statutes of Limitations for Different Personal Injury Scenarios

Car Accidents

In Texas, car accident victims generally have two years from the date of the accident to file a claim. If the accident involves an uninsured or underinsured motorist, additional complexities may arise that an experienced attorney can help navigate.

Dog Bites

Dog bite injuries are also subject to a two-year statute of limitations. However, building a case often requires prompt action to gather evidence, such as medical records and witness statements.

Workplace Injuries

For workplace injuries, timelines vary depending on whether you’re filing under workers’ compensation laws or pursuing a third-party personal injury claim. An attorney can help you determine which statute applies.

Statute of Limitations for Specific Cases in Texas

Personal Injury Claims

Personal injury cases, such as car accidents or slip-and-fall incidents, generally have a two-year statute of limitations. This timeframe ensures that evidence remains fresh and witnesses’ accounts are reliable.

Wrongful Death Claims

The Texas wrongful death statute allows families to seek compensation for the loss of a loved one. However, the two-year deadline can be extended in rare cases, such as fraud or concealment of the cause of death.

Criminal Acts Leading to Civil Claims

For injuries resulting from criminal acts, such as assault or DUI accidents, the statute may be affected by ongoing criminal proceedings. Speak to a personal injury lawyer to understand how this impacts your case.

How the Statute of Limitations Affects Different Types of Cases

The following table outlines various personal injury cases and their associated deadlines:

What Happens If You Miss the Deadline?

Please file a claim within the statute of limitations to avoid your case being dismissed. Courts enforce this rule strictly, even if you have a valid claim. That’s why it’s critical to consult an experienced attorney as soon as possible.

Delays can jeopardize your chance to recover compensation for medical expenses, lost wages, and emotional distress.

Common Questions About the Statute of Limitations

Is There a Statute of Limitations for Filing Insurance Claims?

While the statute of limitations applies to lawsuits, insurance companies often have their own deadlines for filing claims. These timeframes vary, so review your policy carefully.

How Long Do You Have to Press Charges for Criminal Cases?

In Texas, the statute of limitations for criminal charges depends on the offense. For example, misdemeanors typically have a two-year deadline, while felonies vary from three years to no limit for severe crimes like murder.

Can the Statute of Limitations Be Extended?

In most cases, the deadlines are firm. However, specific circumstances like fraud, minors, or incapacitation may allow extensions.

How a Personal Injury Lawyer Can Help

Understanding the Texas statute of limitations can be overwhelming, especially when you’re recovering from an injury. A skilled attorney ensures your claim is filed on time and builds a strong case to maximize your compensation.

Benefits of Legal Representation:

• Timely Filing: Your lawyer will track deadlines and ensure compliance with all legal requirements.
• Gathering Evidence: They’ll collect documentation, interview witnesses, and work with experts to strengthen your claim.
• Negotiating with Insurers: An experienced lawyer handles discussions with insurance adjusters, ensuring you aren’t pressured into an unfair settlement.

For more on this topic, visit our Personal Injury Lawyer Page or Car Accident Lawyer Page.

What happens if I miss the deadline set by the Texas statute of limitations?

If you fail to file your lawsuit within the time allowed by the statute of limitations, your case will likely be dismissed. Exceptions are rare and often require proof of extenuating circumstances. Consulting an attorney immediately after your injury is the best way to avoid missing critical deadlines.

Can the statute of limitations ever be extended?

Yes, under specific circumstances. For example, if the injured party is a minor or mentally incapacitated, or if the defendant leaves the state and cannot be located, the deadline may be extended. However, these extensions are not automatic and require legal analysis.

How does the discovery rule impact the statute of limitations in Texas?

The discovery rule applies when an injury isn’t immediately evident. For instance, in cases of toxic exposure or medical malpractice, the two-year period may start from the date you became aware of the harm rather than the date of the incident.

Is the Texas statute of limitations different for wrongful death cases?

Yes, the two-year clock starts on the date of the individual’s death, not the date of the injury or incident that caused the death. This distinction is essential for families pursuing wrongful death claims.

Do statutes of limitations apply to insurance claims?

Insurance claims are often subject to different deadlines outlined in your policy, which may be shorter than the statute of limitations for filing a lawsuit. Always notify your insurance company immediately after an accident to avoid forfeiting your rights.

External Resources to Explore

• Texas Civil Practice and Remedies Code §16 – Full text of Texas’ statute of limitations laws.
• Texas Law Help – Resources for navigating civil lawsuits in Texas.

Contact the Pearland Personal Injury Lawyers at DeHoyos Accident Attorneys for Help Today!

If you or a loved one has been injured in an accident, time is of the essence. Don’t let the Texas statute of limitations prevent you from seeking the justice you deserve. Contact the experienced team at DeHoyos Accident Attorneys today. We’re here to help you navigate the legal process and secure the compensation you need to rebuild your life. Call now or visit our Contact Us page to schedule a free consultation.