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Statute of Limitations For Texas Personal Injury Claims

Posted on May 20, 2025

If you have suffered an injury due to someone else’s negligence in Waco, Texas, there are legal time limits for filing personal injury claims. Missing these deadlines can result in losing your right to seek compensation.

Texas Deadline for Personal Injury Claims

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This means you must file a lawsuit within two years of the incident that caused your injury.

This two-year deadline applies to various types of cases, including:

Failing to file within this period typically results in the court dismissing your case, effectively barring you from seeking any compensation for your medical bills, lost income, and pain and suffering.

Exceptions to the Two-Year Rule

While the two-year statute of limitations is standard, certain exceptions can alter this timeframe:

  • Discovery Rule: If you did not discover your injury immediately, the two-year period might begin from the date you became aware of the injury. This is common in cases involving medical malpractice or exposure to harmful substances.
  • Minor Plaintiffs: If the injured person is under 18, the statute of limitations typically starts on their 18th birthday, giving them until age 20 to file a claim.
  • Mental Incapacity: If the injured party is mentally incapacitated at the time of the injury, the statute may be tolled until they regain capacity.
  • Defendant’s Absence: If the person responsible for your injury leaves Texas or cannot be located, the statute of limitations may be paused until they return or are found.

Special Considerations for Claims Against Government Entities

If your injury involves a government entity or employee, such as a city bus accident or a slip and fall on government property, you must adhere to specific procedures:

Notice Requirement

You must provide written notice of your claim to the appropriate government entity within six months of the incident. Some local governments may have even shorter deadlines.

Content of Notice

The notice should include details about the injury, the time and place of the incident, and a description of what happened.

Failing to meet these requirements can result in losing your right to pursue a claim against a government entity.

Importance of Acting Promptly

Although two years may sound long, it is highly advisable to act quickly for several reasons:

  • Preservation of Evidence: Over time, evidence can be lost, and witnesses’ memories can fade, making it harder to prove your case.
  • Negotiations with Insurance Companies: Early action allows for timely negotiations with insurers, which can lead to quicker settlements.
  • Legal Preparation: Building a strong case takes time. Early consultation with an attorney ensures all legal strategies are explored within the allowable time-frame.

Consulting a Personal Injury Attorney

Navigating the complexities of personal injury law and understanding the applicable deadlines can be challenging.

Consulting a knowledgeable personal injury attorney in Waco can help you:

  • Determine the exact deadlines applicable to your case
  • Gather and preserve critical evidence
  • Handle communications with insurance companies
  • File all necessary legal documents within the required timeframes

Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning you do not pay unless you win your case.