When accidents happen—be it a car crash, a slip and fall, or the wrongful death of a loved one—life can suddenly become overwhelming. Amidst medical bills, emotional turmoil, and disrupted routines, it’s crucial not to overlook a critical legal aspect: the Statute of Limitations. In Texas, this law sets a strict deadline for filing personal injury lawsuits. Missing this window can permanently bar you from seeking compensation.
This article aims to demystify the Statute of Limitations in Texas personal injury cases, so you can take timely action to protect your rights.
What Is the Statute of Limitations?
The Statute of Limitations is a law that defines the maximum time after an event within which legal proceedings may be initiated. In the context of personal injury, it’s the deadline by which you must file a lawsuit against the party responsible for your injuries.
The Two-Year Rule in Texas
Under Texas Civil Practice and Remedies Code § 16.003, the standard statute of limitations for personal injury cases is two years from the date of the incident. This two-year window applies to:
- Car and Truck Accidents
- Slip and Fall Accidents
- Wrongful Death Cases
- Other Common Personal Injury Claims
Example: If you were injured in a car accident on January 1, 2023, you generally have until January 1, 2025, to file a lawsuit.
Why Is This Deadline So Important?
Failing to file your lawsuit within the two-year period usually results in the court dismissing your case. This means you lose the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to your injury.
Exceptions to the Rule
While the two-year statute is standard, there are exceptions that can shorten or extend this period.
1. Discovery Rule
In some cases, the injured party may not immediately realize they have been injured. The Discovery Rule allows the statute of limitations to commence when the injury is discovered or reasonably should have been discovered.
Example: If a surgical tool was left inside you during an operation, and you discover it a year later during an X-ray, the two-year period may start from the date of discovery.
2. Minors
For victims who are under 18, the statute of limitations typically begins on their 18th birthday. This means they have until they turn 20 to file a lawsuit.
3. Legal Disability
If the injured person is mentally incapacitated at the time of the accident, the statute may be tolled (paused) until the disability is lifted.
4. Wrongful Death
In wrongful death cases, the two-year statute begins on the date of the person’s death, which may be different from the date of the incident that caused the death.
Statutes for Government Entities
If your claim is against a city, county, or state government entity in Texas, you may need to provide formal notice much sooner—sometimes within six months or even 90 days of the incident, under Texas Civil Practice and Remedies Code § 101.101.
Statistics Highlighting the Importance
- According to the Texas Department of Transportation, there were over 12,000 serious injury crashes in Texas in 2020 alone[^1].
- A study by the National Floor Safety Institute found that slip and fall accidents account for over 1 million emergency room visits annually[^2].
With such high numbers, it’s evident that many Texans may need to file personal injury claims. Understanding the statute of limitations is crucial to ensuring these claims are filed timely.
[^1]: Texas Department of Transportation, “Traffic Crash Facts,” 2020. [^2]: National Floor Safety Institute, “Slip and Fall Quick Facts,” 2019.
Take Action Today
Time moves quickly, especially when you’re dealing with the aftermath of an accident. Evidence can disappear, memories can fade, and the deadline to file a lawsuit draws nearer every day.
Don’t let your right to compensation slip away.
At Joe I. Zaid & Associates, we’re committed to guiding you through this complicated process. Our experienced personal injury attorneys understand the nuances of Texas law and will work diligently to ensure your case is filed promptly and correctly.
Contact Us for a Free Case Evaluation
If you or a loved one has been injured, don’t wait until it’s too late. Contact us today for a free, no-obligation case evaluation.
Joe I. Zaid & Associates
📞 (346) 756-9243
🏢 4710 Vista Rd. Suite E Pasadena, TX 77505
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