How Long Do I Have to File a Personal Injury Lawsuit in Texas? Statute of Limitations Explained

You’re Injured, The Bills Are Piling Up, And You’re Terrified You’ll Miss The Deadline

After a crash, fall, workplace incident, or other serious accident, it’s common to feel stuck in survival mode between doctor visits, missed work, insurance calls, and pain that doesn’t let you think straight. The problem is that Texas doesn’t pause the clock just because you’re overwhelmed. The personal injury statute of limitations can quietly run out while you’re focused on healing, and missing it can wipe out your ability to pursue compensation in court. The solution is to learn the key deadline rules now and take a simple first step to protect your personal injury claim before time becomes your biggest enemy.

The Two-Year Rule In Texas Can End Your Case Before It Starts

If you’re asking how long do I have to sue for personal injury in Texas, you’re most likely really asking one thing: How much time do I have before it’s too late? In many Texas cases, the personal injury statute of limitations is two years, but the real issue isn’t the number, it’s how quickly two years disappear when you’re negotiating with insurers, waiting on medical answers, or trying to get your life back.

If you’re unsure whether you’re inside the personal injury statute of limitations, talk with a personal injury lawyer early so your deadline can be confirmed and protected, before any paperwork or “we’re still investigating” delays cost you your rights.

What is the personal injury statute of limitations in Texas?

In plain English, the personal injury statute of limitations is the legal deadline to file a lawsuit in court. If you file after the deadline, the court can dismiss the case, even if your injuries are real and the other party was clearly at fault.

When does the Texas personal injury statute of limitations start?

This is where people get tripped up. The personal injury statute of limitations usually starts when the claim “accrues,” which often means the date of the injury causing event (like the crash date or the fall date). That’s why waiting for “the perfect moment” can be risky.

What happens if you miss the statute of limitations by one day?

In many situations, missing the personal injury statute of limitations by even a day can be fatal to a personal injury lawsuit. That’s why your plan shouldn’t be “wait and see.” Your plan should be to protect the deadline first, then build the case with a personal injury lawyer. Once you understand the two-year baseline, the next pain point is what most injured people ask next; What if I didn’t know I was injured right away?

What If You Didn’t Realize You Were Injured Right Away: Does The Discovery Rule Apply In Texas?

Some injuries show up later: concussions, spinal disc problems, internal injuries, or complications that don’t fully surface for weeks or months. People often worry they’re already behind because the personal injury statute of limitations feels like it starts before they even understand what happened to their body.

A Personal injury lawyer from Brent Coon & Associates can evaluate whether a discovery-rule argument may apply in your situation and more importantly if you can file what’s needed in time while medical records and expert opinions are still obtainable.

What is the discovery rule in a Texas personal injury case?

The “discovery rule” is a concept courts may apply in certain cases when the personal injury (or its cause) could not reasonably have been discovered right away. It does not automatically extend every case, and it’s not something you want to gamble on. But in the right scenario, it can affect how the personal injury statute of limitations is analyzed.

Situations where “late discovery” arguments may come up

• Harm that isn’t immediately noticeable (some brain injuries, toxic exposures, or delayed complications)
• Defective products or pharmaceutical injuries where causation is discovered later
• Certain professional/medical contexts (often with separate rules and deadlines)

Even when the discovery rule is possible, there’s another time-limit trap that catches people, cases involving children or someone who can’t legally act for themselves.

What if Your Child Was Injured: Does a Minor Get More Time in Texas?

Parents are often juggling medical treatment, school disruptions, and emotional stress. The last thing they want is a deadline lecture. Still, the personal injury statute of limitations in Texas is crucial in cases involving minors because the rules can be different, and the strategy matters. If a child is injured, a personal injury lawyer can explain how tolling works, what steps parents can take now, and how to preserve evidence while memories are fresh.

Tolling and legal disability concerning minors and incapacity

Texas law recognizes that certain people may be under a “legal disability,” which can affect how the personal injury statute of limitations is counted. Minors are a common example, and “unsound mind” or incapacity may also be relevant in some cases.

Why you still shouldn’t “wait just because you can”

Even if tolling may apply, waiting can still damage the case:

• Witnesses move or forget
• Video evidence gets erased
• Records become harder to obtain
• The defense builds a narrative while you’re trying to catch up

Another major deadline issue comes up when the defendant isn’t a private person or company, it’s the government.

What if It Happened On Public Property: Government Claims Can Have A Much Shorter Deadline

If your injury involves a city, county, state agency, or a public entity (for example, an accident involving a government vehicle or a dangerous condition on public property, you can face a shorter notice timeline that is separate from the personal injury statute of limitations.

Don’t assume the two-year personal injury statute of limitations is your only deadline, get clarity quickly from a personal injury lawyer, because preserving your right to sue may require early formal notice.

Texas Tort Claims Act notice requirement (often six months)

A common rule in Texas government-related injury claims is that the government entity is entitled to notice within a limited time window, often six months. Some local entities can have even shorter notice provisions under their own rules. This deadline can come up fast while you’re still recovering.

What your notice typically needs to include

• The time and place of the incident
• A description of what happened
• The injury/damages claimed
• Basic identifying information and supporting documentation

Once deadlines involve different personal injury claim types and different defendants, the next question is unavoidable; What if the injury resulted in death?

Wrongful Death Deadlines May be Different Than You Expect

Families dealing with wrongful death are often managing grief, funeral costs, and sudden financial instability. Meanwhile, the personal injury statute of limitations framework still matters, and Texas wrongful death claims often have their own accrual rules. A personal injury lawyer can quickly determine the correct deadline and file what’s needed to protect the family’s rights, especially when multiple parties may be responsible.

When does the clock start in a Texas wrongful death case?

Wrongful death claims may be tied to the date of death for accrual purposes, but you should never rely on assumptions. In serious cases, multiple timelines can overlap (survival claims, wrongful death claims, related liability investigations), and the safest approach is to treat time as urgent. Deadlines are only one threat. Another is the “silent damage” that happens when you wait, evidence disappears, and insurers gain leverage.

Why Waiting Can Weaken Your Case Even Before The Deadline

A common misconception is: “I’ll see if insurance pays, and if not, I’ll sue later.” The problem is that insurance negotiations can drag on, and the personal injury statute of limitations doesn’t pause just because adjusters are reviewing the file. Waiting also makes it easier for the other side to dispute injuries and faults. You can often pursue a claim strategy that protects the personal injury statute of limitations while still handling negotiations, especially with guidance from a personal injury lawyer who understands how to build leverage early.

Evidence you can lose by waiting

• Surveillance footage (often erased in days or weeks)
• Vehicle damage photos and repair records
• Witness contact information and recollection
• Scene conditions (construction changes, weather impact, signage changes)
• Medical continuity that proves the injury is accident-related

Why fault and “comparative negligence” makes timing more important

Texas fault disputes can become battles over percentages. The longer you wait, the easier it becomes for the defense to claim the injury was pre-existing or that you caused your own harm. Protecting evidence early strengthens your position while staying safely within the personal injury statute of limitations and reduces risk of comparative negligence.

If timing and evidence matter this much, the next question is practical: What does a lawyer actually do to protect your deadline and improve your personal injury claim?

How A Personal Injury Lawyer Can Protect Your Deadline Without Rushing You

Many injured people don’t want court. They want medical care paid for, wages replaced, and fair compensation without conflict. Hiring a personal injury lawyer doesn’t automatically mean filing a lawsuit tomorrow. It means protecting your options so the personal injury statute of limitations doesn’t decide your future for you. The most practical move is a free case review with a personal injury lawyer from Brent Coon & Associates, who can confirm your deadline, identify the correct injury claim type, and lay out a plan that preserves your rights.

What a lawyer does early in a Texas injury case

• Confirms the correct personal injury statute of limitations for your specific claim type
• Identifies all potentially responsible parties (drivers, employers, property owners, product makers)
• Preserves evidence quickly (letters, requests, records, witness outreach)
• Coordinates medical documentation to connect injuries to the incident
• Handles insurer communications to reduce pressure and misstatements
• Builds damages proof (medical costs, income loss, pain and suffering evidence)

Why “which deadline applies” isn’t always obvious

Different injuries and defendants can trigger different rules. The personal injury statute of limitations may look simple at first, but complications can include:

• Government entities (notice deadlines)
• Wrongful death
• Medical malpractice and related timing rules
• Defective product and pharmaceutical injury complexity
• Minor or incapacity tolling issues

To help you make a confident decision today, Brent Coon & Associates have provided a clear FAQ section, written the way real Texans ask these questions out loud.

FAQs Texans Ask About The Personal Injury Statute Of Limitations

Below are the most common voice-search questions we hear about the personal injury statute of limitations, with straightforward answers to help you decide your next step.

How long do I have to file a personal injury lawsuit in Texas for injury?

In many cases, the personal injury statute of limitations is two years. But you should confirm your specific deadline because the facts (government involvement, wrongful death, minor injury, discovery issues) can change the analysis.

Is the Texas personal injury statute of limitations always two years?

Often, yes but not always. The personal injury statute of limitations may be affected by the type of claim and other rules (especially government claims and medical-related deadlines).

Does filing an insurance claim stop the statute of limitations?

Usually, no. Insurance negotiations don’t automatically pause the personal injury statute of limitations. That’s why it’s risky to “wait and see” without a deadline.

What if I didn’t know I was injured right away?

Some situations involve discovery-rule arguments, but they’re not guaranteed. The safest approach is to act quickly and get advice from a personal injury lawyer who can evaluate whether the personal injury statute of limitations can be treated differently in your case.

What if the person who hurt me left Texas or I can’t find them?

Difficulty locating a defendant can create complications, but it doesn’t mean the personal injury statute of limitations disappears. Early investigation matters.

How soon should I talk to a lawyer about the personal injury statute of limitations?

As soon as you suspect your injury was caused by someone else’s negligence, especially if a government vehicle, public property, or a delayed-discovery injury is involved. Early advice helps you protect the personal injury statute of limitations while you focus on recovery.

A Practical Checklist To Protect Your Deadline

If you’re worried about the personal injury statute of limitations, these steps help immediately:

1. Write down the incident date, location, and what happened (while details are fresh).
2. Get medical evaluation and follow-up care (gaps get used against you).
3. Save evidence: photos, videos, witness names, incident reports, receipts.
4. Avoid recorded statements to insurers until you know your rights.
5. Schedule a free case review with a personal injury lawyer to confirm the correct personal injury statute of limitations and any special notice deadlines.

When you’re injured, time is not neutral, it either protects your claim or destroys it. Getting clarity early is the simplest way to keep control.

Talk With Brent Coon & Associates About Your Texas Deadline

If you’re asking, how long do I have to sue for personal injury in Texas, you’re already doing the right thing, because the personal injury statute of limitations can move faster than recovery does. Brent Coon & Associates offers a free case review and can help you understand the deadline that applies to your situation and what to do next. Contact Brent Coon & Associates today to make sure the Texas personal injury statute of limitations doesn’t pass you by.