Every personal injury claim in Texas comes with a deadline. Miss it, and even the strongest case can be thrown out before a judge ever hears the facts. This deadline is called the statute of limitations, and understanding it is one of the first steps toward protecting your right to compensation. If you were recently hurt, talking with a Dallas personal injury lawyer early keeps the clock from running out on your claim.
The Two-Year Deadline in Texas
For most personal injury cases, Texas gives you two years from the date of the injury to file a lawsuit. This rule comes from Section 16.003 of the Texas Civil Practice and Remedies Code, which requires a person to bring suit no later than two years after the day the cause of action accrues. The clock usually starts on the date of the accident. For a car crash, that is the day of the collision. For a fall, it is the day you were hurt. Once those two years pass, courts almost always refuse to hear the case.
Why the Deadline Matters More Than It Seems
Two years can feel like plenty of time, but the legal work behind a strong claim takes longer than most people expect. Evidence must be gathered, medical treatment often continues for months, and settlement talks can stretch on before a lawsuit is ever needed. Filing is not the same as settling, and waiting until the deadline nears leaves little room to build the case or respond if the insurer refuses to pay fairly. Acting early also protects the evidence discussed in our guide on what you need for a claim.
Exceptions That Can Change the Deadline
Some situations pause or shift the two-year clock. A handful of the most common include:
- Injured minors. When the injured person is a child, the deadline generally does not begin until they turn 18.
- The discovery rule. In limited cases where an injury could not reasonably have been discovered right away, the clock may start when the harm is found.
- Legal incapacity. If the injured person is of unsound mind, the deadline may be delayed.
These exceptions are narrow, and courts apply them strictly. You should never assume one applies without confirming it with a lawyer.
Claims Against Government Entities
Different rules apply when a city, county, or state agency is involved, such as a crash with a government vehicle or an injury on public property. These claims carry much shorter notice deadlines, sometimes as brief as a few months, and the notice requirements are specific. Because a missed government notice deadline can end a claim well before the two-year mark, cases involving public entities call for fast action.
What Happens If You Miss the Deadline
If you file after the statute of limitations expires, the defendant will ask the court to dismiss the case, and judges almost always agree. It does not matter how serious your injuries are or how clearly the other party was at fault. The insurance company knows this, which is why some adjusters delay negotiations, hoping the deadline passes while you wait. Filing on time keeps your leverage and your right to recover intact.
Talk to a Texas Personal Injury Lawyer
Since 2012, Kelso Law, PLLC has helped injured Texans meet these deadlines and preserve their claims. If you are unsure how much time you have left, we can review the facts, confirm the deadline that applies, and take action to protect your case. Whether you were hurt in a car accident, a personal injury matter, or a crash in a nearby community such as Coppell, do not wait to get answers. Contact our team for a free consultation.