The Importance of Acting Quickly – Understanding the Statute of Limitations in Texas Personal Injury Cases

When you’ve been hurt in an accident, filing a lawsuit is probably the last thing on your mind. You may be focused on healing, replacing a totaled vehicle, or figuring out how to pay your bills while you’re out of work. But even if legal action doesn’t feel urgent, the clock is ticking. Texas law sets strict time limits for filing personal injury claims, and if you miss the deadline, you could lose the right to compensation entirely.

Delays are common and often unintentional, but they can be costly. Whether your injuries seem minor or severe, it’s important to understand the timeline that applies to your case.

What Is the Statute of Limitations?

The statute of limitations is a legal deadline for filing a lawsuit. For most personal injury cases in Texas, including car accidents, slip and falls, and other negligence claims, you have two years from the date of the injury to file in court.

This two-year window applies whether you’re filing against an individual, business, or other party. If your case involves wrongful death, the clock generally starts on the date of death, not the date of the incident.

What Happens if You Miss the Deadline?

Failing to act in time can have serious consequences:

• The court may dismiss your case, even if you have solid evidence and apparent injuries.
• Insurance companies will know you’re out of legal options, which weakens your bargaining power.
• You lose your right to recover damages, no matter how obviously the other party was at fault.

Missing the deadline doesn’t just close the door to court—it can also significantly reduce your chances of reaching a reasonable settlement. Once the statute expires, you no longer have legal leverage to encourage fair compensation.

When Does the Clock Start Ticking?

In most cases, the countdown begins on the date of the accident or the date of injury. If you were in a car crash on April 15, 2023, you would typically need to file your lawsuit by April 15, 2025.

However, there are situations where the injury isn’t immediately known. In these cases, the clock may not start until the injury is discovered or reasonably should have been discovered. Examples include:

• A delayed medical diagnosis
• Internal injuries not identified at the time of the accident
• Injuries from defective products that surface later

Even in these scenarios, it’s essential to act promptly once the issue is identified.

Exceptions to the Rule

There are a few exceptions that may pause or extend the statute of limitations:

• Minors: If the injured person is under 18 at the time of the accident, the two-year period generally doesn’t start until their 18th birthday.
• Mental incapacity: If someone is mentally incapacitated at the time of the injury, the deadline may be paused until they regain capacity.
• Claims against the government: These follow much shorter timelines. In many cases, you must provide notice of your claim within 6 months, or even sooner, depending on the agency involved.

Each exception comes with its own rules and limitations. If you think one might apply to your situation, you should consult with an attorney right away.

Why You Shouldn’t Wait, Even If You Have Time

Two years may seem like plenty of time, but the earlier you take action, the better your chances of building a strong case. Waiting can cause problems like:

• Lost or degraded evidence: Surveillance footage gets erased, physical evidence disappears, and witnesses forget what they saw.
• Delays in obtaining records: Medical records, police reports, and insurance files can take time to request and review.
• Weak settlement offers: Insurance adjusters may offer less if they sense hesitation or delay.

Acting promptly shows you’re serious about your claim and helps your legal team preserve everything they need to support it.

What an Attorney Can Do Early in the Process

Connecting with a lawyer shortly after your injury can make a significant difference. An attorney can:

• Assess your case to determine whether you have grounds for a claim.
• Preserve key evidence before it’s lost or forgotten.
• Handle insurer communication to minimize stress and prevent missteps.
• Calculate damages, including medical costs, lost income, pain and suffering, and future expenses.
• File paperwork on time to keep your case within the legal deadline.
• Prepare for trial if negotiations fail to reach a resolution.

Early involvement allows your attorney to set the pace, keep the process moving, and avoid last-minute scrambles.

Don’t Wait to Protect Your Rights

Time is one of the most critical factors in a personal injury claim. The longer you wait, the more challenging your case may become and the more you risk losing out on the compensation you deserve.

If you’ve been hurt and don’t know where to start, speak with a trusted Houston personal injury attorney. They can help you understand your options and take steps to protect your claim before it’s too late. Don’t let the clock run out—reach out today and take the first step toward recovery.