What Is the Deadline for Filing a Personal Injury Claim in Texas?

Each state limits the time injury victims have to file a lawsuit through a law known as the statute of limitations. In Texas, the law typically gives only two years from the date of the accident to file a personal injury lawsuit in court. If you fail to file your lawsuit by the deadline, your right to pursue compensation from the at-fault party will most likely be eliminated. You will also lose the upper hand in out-of-court settlement negotiations with the at-fault party and their insurers. 

This strictly enforced law exists for several reasons. First, as time goes on, evidence can deteriorate or disappear, which can compromise a jury’s ability to come to a fair and just decision. Second, it encourages injured parties to bring their claim sooner than later, sparing defendants from the never-ending threat of a lawsuit. Third, it prevents courts from being inundated by years-old cases.

Can the Filing Deadline Be Extended?

Yes, the deadline set by the statute of limitations can be extended in limited circumstances. For example, the usual two-year deadline for filing personal injury claims may be extended in cases where:

• The injured person is under 18 when the accident occurred
• The injured person is mentally incapacitated when the accident occurred
• The at-fault party leaves the state
• The at-fault party conceals their culpability 
• The injuries are not discoverable until some time passed after the accident

To determine whether any of these exceptions apply to your case, it is best to speak to a personal injury attorney sooner than later.