If you get hurt in an accident in Texas that was caused by someone else, you may be able to file a personal injury lawsuit to help you become whole again. In this situation, it’s important to act quickly. You have a limited amount of time to file your claim under Texas law. Speaking to a qualified Austin personal injury attorney as soon as possible can allow you to protect your legal rights.
What Is the Personal Injury Statute of Limitations in Texas?
Every state has a law known as the “statute of limitations” that places a time limit on the right to file different types of civil actions. In Texas, the statute of limitations on a personal injury case is two years from the date of the accident or the date of injury discovery, in most cases.
Texas Civil Practice and Remedies Code § 16.003 states:
- TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
- (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
Under this law, most injured accident victims in Texas have just two years to take legal action. This statute of limitations applies to all types of personal injury claims in Texas, including car accident, premises liability, product liability and medical malpractice cases.
When Does the Clock Start Ticking?
The two-year time clock starts counting down on the date that the “cause of action accrues.” In general, this means the date that the harmful accident takes place. If you get bitten by a dog in Austin, for example, you will have two years from the date of the dog attack to file a personal injury claim against the owner of the dog.
However, there are a few exceptions to the rule. One is known as the “discovery rule.” This exception allows a person to file a claim two years from the date of injury discovery rather than the date of the incident if the discovery was delayed and occurred afterward.
If a surgeon carelessly leaves a tool behind in a patient’s body after surgery, for instance, and it isn’t discovered by the victim until a year later, the statute of limitations on a related medical malpractice claim would be two years from the date of discovery rather than the date of the operation.
There is also an exception for wrongful death claims. Section 16.003(b) of state law gives surviving family members two years from the date of a deceased person’s death to file a wrongful death claim, rather than two years from the date of the fatal accident.
For instance, if a car accident critically injures someone but the victim is in intensive care for two weeks until passing away, the two-year time clock wouldn’t begin counting down until the date of the victim’s death. If you are dealing with the loss of a loved one due to a car accident, it’s important to consult with an Austin car accident lawyer to understand your legal rights.
Exceptions to the Two-Year Time Limit
There are also exceptions that fall outside of the two-year time window on personal injury claims in Texas. Some situations can lengthen the filing window and give an individual longer than two years – such as the discovery rule – while others can shorten the deadline.
If the injured individual is a child under the age of 18, he or she has until age 20 to file a claim, regardless of how much time has passed from the date of the incident. The two-year clock for an injured minor doesn’t begin counting down until his or her 18th birthday.
Plaintiffs are given less than two years to file a workers’ compensation claim or a claim against a government agency in Texas. Workers’ compensation claims must be brought within one year of the date of the workplace accident. You must also report your injury to your employer within 30 days.
If you wish to sue a government agency in Texas (e.g., after a slip and fall accident in a public place), your deadline can be much shorter than two years. Each city has its own statute of limitations on these cases. In Austin, for instance, claims against the government must be brought within just 45 days.
Why You Should Act Sooner Rather Than Later
It can be all too easy to miss your deadline and lose the opportunity to hold someone responsible for your accident and injury forever. With only rare exceptions to the rules, the courts will “time-bar” claims that are filed after the expiration of the statute of limitations. This means they will not allow the claim to proceed.
Even if the courts do allow you to file your lawsuit, the accused party (defendant) will likely bring up the fact that you missed your statute of limitations as a defense to liability during your claim. This can get the case thrown out or dismissed.
It’s also in your best interest to take legal action promptly after an accident in Texas because of the viability of evidence. Evidence refers to things that can help you prove the required elements of your claim, such as documents and physical evidence. Certain types of evidence can disappear or become less reliable the longer you wait to file; for instance, eyewitnesses may no longer remember the details of what they saw. Filing promptly can lead to a stronger claim.
Note that the two-year time limit in Texas only applies to personal injury lawsuits – not insurance claims. You should file a claim with an insurance company in pursuit of financial benefits much sooner than two years. Most insurance providers have tight deadlines of just a few days (24 to 72 hours) after an accident.
Contact a Personal Injury Attorney as Soon as Possible After an Accident in Texas
If you get injured in any type of accident in Texas that you believe was caused by another person or party, contact a lawyer at FVF Law Firm right away to arrange a no-cost, no-pressure consultation. We will listen to your story, answer your legal questions and get to work right away to pursue the financial justice that makes you whole again – well within your filing deadline. Call (512) 640-2146 today to get started.
