andrei | November 11, 2025 | Uncategorized

Statute of Limitations in Texas Personal Injury Cases: Key Deadlines to Know

When you are hurt in a crash or another preventable incident, you may be focused on treatment, getting back to work, and keeping your family afloat. That is understandable, but Texas law also puts you on a clock. If you wait too long to act, you can lose your right to bring a claim, no matter how strong your case may be.

Attorney examining paperwork.

Understanding the statute of limitations in Texas is not just a technical detail. It is a crucial part of protecting your personal injury claims. At The Crash Team in Sugar Land, attorneys Aaron and Breanne Galvan help clients across Texas stay ahead of these deadlines while building strong, evidence-based cases for full and fair compensation.

Why Statutes of Limitations Matter for Texas Injury Victims

A statute of limitations is simply a legal deadline. It tells you how long you have to file a lawsuit in court. If you miss that deadline, the defendant can ask the court to dismiss your case, and in most situations, the judge will have to grant that request.

These rules exist for a reason. Over time, evidence disappears, memories fade, and witnesses become difficult to locate. The law aims to encourage people to bring personal injury cases while the evidence is still relatively fresh. That does not mean you must rush into a lawsuit the day after a car accident, but it does mean you cannot put the legal side of things off indefinitely.

For Texas families dealing with medical bills and lost income, missing a deadline can be devastating. It can mean paying for the consequences of someone else’s negligence entirely out of your own pocket. A timely consultation with a knowledgeable attorney helps you understand which statute of limitations applies to your situation and how much time you truly have.

Key reasons these deadlines matter include:

  • They determine whether the courthouse doors are open to you at all.
  • They shape negotiation strategy, because insurers know when the clock is about to run out.
  • They affect how quickly you need to gather documents, photos, and witness information.
  • They can differ from one claim type to another, even within the same incident.

The General Two-Year Rule in Texas Personal Injury Cases

For most Texas personal injury cases, the key number to remember is two. Under Section 16.003 of the Texas Civil Practice and Remedies Code, a person generally has two years from the date a cause of action accrues to file suit for personal injury or for an injury that results in death.

That two-year statute of limitations usually covers:

In practice, “accrual” usually means the day the injury happens or the day you knew or reasonably should have known you were injured by someone else’s conduct. There can be debate about that date in some cases, especially with long-developing injuries, but for events like a collision, it is typically the calendar day of the crash.

It is important to understand that this two-year period is about filing a lawsuit in court, not about opening a claim with an insurance company. You might be in negotiations for months, but if you never file suit and the deadline passes, your bargaining power disappears. Insurers know the statute of limitations as well as any lawyer.

One Year, Two Year, Four Year: Different Clocks Under Texas Law

While the two-year period covers most personal injury claims, Texas law includes several different limitation periods that may come into play, depending on the type of claim attached to your case. Chapter 16 of the Civil Practice and Remedies Code sets out these timeframes.

Some of the most common are:

  • One year: Certain related civil claims, such as libel, slander, and malicious prosecution, must be filed within one year of accrual. These are not typical bodily injury cases but can sometimes appear alongside an injury claim if reputational harm is involved.
  • Two years: Personal injury, property damage from a car accident, and wrongful death actions are generally subject to a two-year statute of limitations. Many premises liability and product liability claims also fall under this same two-year rule.
  • Four years: Claims for debt, fraud, and breach of fiduciary duty typically have a four-year limitations period. Contract-based claims, such as certain disputes with an insurer or another party, can also carry a four-year deadline under Section 16.004.

This mix of one-year, two-year, and four-year deadlines can become complicated when one incident gives rise to multiple legal theories. The safest approach is to assume the shortest potentially applicable deadline and let an attorney analyze whether any longer period or exception might apply.

Special Situations: Minors, Government Defendants, and Medical Cases

There are important exceptions and special rules that can change how the statute of limitations applies. These do not give you unlimited time, but they may extend or modify certain deadlines in specific circumstances.

Key examples include:

  • Minors and legal disability: Under Section 16.001, if a person is younger than 18 or of “unsound mind” when the cause of action accrues, the limitations period may be tolled during the disability. For minors, the clock often starts when they turn 18, although specific statutes, like medical liability rules, can alter this.
  • Health care liability claims: Medical negligence cases in Texas are governed by Section 74.251, which generally provides a two-year statute of limitations, with some special rules for ongoing treatment and for children under age 12. A minor younger than 12 typically has until their 14th birthday for a health care liability claim.
  • Claims against government entities: When your injury involves a city, county, or state agency, the Texas Tort Claims Act usually requires written notice of the claim within six months of the incident, in addition to the usual statute of limitations. Some local charters have even shorter internal deadlines.
  • Sexual assault and certain crimes: For injuries stemming from certain sexual offenses and trafficking crimes, Texas law allows extended filing periods, ranging from five years to 30 years, recognizing the unique nature of those harms.

These rules show why “two years” is not the whole story. The specific facts of your case, who is being sued, and what type of claim is asserted all matter when calculating the correct deadline.

How Deadlines Affect Different Texas Personal Injury Claims

Different personal injury cases can involve the same core two-year statute of limitations, but the way that deadline plays out in real life will look different depending on the underlying facts.

Consider how it can apply in these common scenarios:

  • Car accident: The clock generally begins on the date of the collision. You have two years to file a lawsuit against the at-fault driver, whether your injuries stem from a rear-end crash in Sugar Land traffic or a highway pileup.
  • Premises liability: If you are injured because of a dangerous condition on someone’s property, such as a fall in a store or an unsafe staircase in an apartment complex, the two-year statute usually applies. It is important to document the condition early, since property owners may fix or alter it after the incident.
  • Wrongful death: Family members generally have two years from the date of death to file a wrongful death suit, even if the underlying injury happened earlier. This distinction is critical in medical cases or long hospitalizations.
  • Product-related injury: Injuries from defective tires, brakes, or other components usually fall under the two-year rule. However, there are also statutes of repose and special provisions for certain product claims, which make early investigation particularly important.
  • Workplace incident involving a third party: If an outside contractor or equipment manufacturer contributed to your injury, a two-year deadline may control your claim against that party, separate from any workers’ compensation benefits.

Each of these examples illustrates how the same statute of limitations can look slightly different in practice. An experienced lawyer can help you determine when the cause of action accrued and what date controls your filing deadline.

Talk to a Personal Injury Attorney at The Crash Team Today

If you are unsure about how the statute of limitations applies to your situation, you do not have to try to sort it out alone. A short conversation with a knowledgeable lawyer can prevent costly mistakes and give you much-needed clarity about your options.

The Crash Team, led by attorneys Aaron and Breanne Galvan in Sugar Land, represents clients throughout Texas in serious personal injury claims, including car accident, wrongful death, and premises liability cases. Our firm is known for achieving top-tier settlements, providing bilingual representation in English and Spanish, and working on a no-win, no-fee basis so you can focus on your recovery while we focus on the law.

If you or a loved one has been hurt and you are worried about running out of time, reach out today. The Crash Team is ready to listen, explain your deadlines, and take action to protect your rights before the clock runs out.