A serious accident can change your life in an instant. Medical bills pile up, time off work leads to lost wages, and the stress of recovery can feel overwhelming. However, there is one thing many injury victims do not realize: your time to take action is limited. If you wait too long to file a claim, you could lose your right to seek compensation.
At Tawney, Acosta & Chaparro P.C., our El Paso, Texas personal injury lawyers know how overwhelming the aftermath of an accident can be. With years of experience fighting for injury victims in Texas, our team is committed to helping clients understand their rights and take action before time runs out.
This guide explains the Texas personal injury statute of limitations, the exceptions that may apply, and why getting legal help sooner rather than later can make all the difference.
Please call (575) 222-1000 or send us an online message today for a free consultation.
What Is the Texas Personal Injury Statute of Limitations?
A statute of limitations is the legal deadline for filing a personal injury lawsuit. Under Texas law, most claims must be filed within two years of the date of the accident.
This two-year deadline applies to several types of personal injury cases, including:
- Car accidents—collisions caused by negligent or reckless drivers;
- Truck crashes—wrecks involving commercial vehicles and large trucks;
- Slip and fall incidents—injuries caused by dangerous property conditions;
- Defective product claims—lawsuits against manufacturers for faulty products; and
- Wrongful death lawsuits—cases where a loved one’s death was caused by negligence.
Failing to file a lawsuit before this deadline can result in your case being dismissed in court, preventing you from recovering compensation.
When Does the Statute of Limitations Start?
For most cases, the statute of limitations for personal injury in Texas begins on the date of the accident or injury.
However, this timeline may be delayed, or “tolled,” in circumstances such as:
- Injuries not immediately discovered. If an injury is not apparent initially, the deadline may begin on the date of discovery/diagnosis.
- Wrongful death cases. The statute of limitations starts on the date of death, not necessarily the accident date.
- Incapacitation. If the injured person is physically or mentally unable to file, the time limit for personal injury claims in Texas may pause until they regain capacity.
Since each case is unique, consulting a Texas personal injury lawyer can help determine your filing deadline.
Exceptions to the Personal Injury Statute of Limitations in Texas
Although the general rule is two years, certain exceptions may extend or alter the filing deadline.
1. The Discovery Rule
Some injuries are not immediately apparent. If a victim could not have reasonably discovered their injury right away, the statute of limitations may begin on the date of discovery rather than the accident date.
This rule commonly applies when an injury takes time to manifest, such as in:
- Medical malpractice cases—errors or negligence that take time to reveal symptoms; and
- Toxic exposure claims—illnesses that develop years after exposure to harmful substances.
Medical records are key to proving this exception. An experienced personal injury attorney can help you obtain the proof you need if you think this exception might apply to your case.
2. Personal Injury Claims Involving Minors
If an injured person is under 18, the statute of limitations may not begin to run until they reach 18, giving a minor until their 20th birthday to file a lawsuit. However, parents or guardians can and should pursue a claim on the minor’s behalf before waiting until adulthood.
3. Defendant Leaves the State
If the responsible party leaves Texas after causing an injury, the statute of limitations may pause until they return. This ensures that negligent individuals cannot escape liability by relocating.
4. Government Claims
Not all exceptions to the Texas personal injury statute of limitations extend the deadline to file suit.
If a government entity is responsible for an injury, shorter time limits typically apply, such as under:
- Texas Tort Claims Act—requiring a notice of claim to be filed within six months of the incident, and
- City and county claims—some local governments require notice within 30 to 90 days of the injury.
Because government claims have strict filing rules, immediate legal consultation is essential.
Remember, every case is unique, so it is essential to consult with an attorney as soon as possible.
What Happens If You Miss the Deadline?
Failing to file your personal injury lawsuit before the statute of limitations expires can have devastating consequences, such as:
- Case dismissal preventing you from recovering damages;
- Insurance companies refusing to negotiate knowing that you no longer have the ability to file a lawsuit; and
- The at-fault party avoiding liability even if their negligence caused severe harm.
Judges rarely grant exceptions for late filings, so waiting too long can jeopardize your case.
Why Some Injury Victims Delay Filing
Many people hesitate to pursue a claim, even when they are legally entitled to compensation.
Common reasons include:
- Uncertainty about legal rights—many victims do not realize they have a valid case;
- Believing that injuries will heal—some delay filing, expecting to recover without legal action;
- Insurance company tactics—adjusters may delay settlements, hoping the statute of limitations runs out; and
- Emotional stress—feeling overwhelmed by the legal process while recovering from an accident.
Although these concerns are understandable, waiting too long may permanently bar your claim. A personal injury lawyer can manage the legal process, allowing you to focus on your recovery.
How Tawney, Acosta & Chaparro P.C. Can Help
At Tawney, Acosta & Chaparro P.C., we understand that personal injury cases come with strict legal deadlines. Our attorneys have extensive experience advocating for injury victims in Texas and New Mexico. We ensure our clients file their claims on time and recover the compensation they deserve.
We also assist clients by:
- Determining the correct filing deadline,
- Investigating the accident,
- Handling all legal paperwork,
- Negotiating with insurance companies, and
- Going to trial if necessary.
Unlike large firms that treat clients as case numbers, our legal team provides personalized, aggressive representation tailored to your needs.
Contact Tawney, Acosta & Chaparro P.C. Today
If you or a loved one suffered injuries in Texas, do not wait until it is too late to take action. The statute of limitations in Texas for personal injury cases is strict, and missing the deadline can prevent you from receiving compensation.
At Tawney, Acosta & Chaparro P.C., we fight for injury victims, ensuring they meet all legal deadlines and recover the maximum compensation possible. Reach us online or call (575) 222-1000 today for a free consultation to discuss your case and learn how we can help.
Alejandro Acosta
Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.
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