Understanding Texas Statute of Limitations for Different Types of Injury Cases

Personal injuries can change your life in an instant, but the legal clock starts ticking immediately after an accident occurs. Texas law sets stringent time limits for filing personal injury lawsuits, and missing these deadlines permanently bars you from seeking compensation, regardless of how strong your case might be.

The Law Firm of Chaile Allen recognizes that understanding statute of limitations laws is crucial for protecting your rights after an injury. With 15 years of experience serving West Texas, attorney Chaile Allen helps clients navigate these complex time requirements to ensure they don’t lose their opportunity to seek justice.

The General Two-Year Rule for Personal Injury Cases

Texas Civil Practice and Remedies Code 16.003(a) specifies a two-year statute of limitations for most personal injury claims. This means you have exactly two years from the date of your injury to file a lawsuit in court. The clock starts ticking on the very date you were injured, so if you were in a car accident on January 1, 2024, you must file your lawsuit by January 1, 2026.

This two-year deadline applies to various types of personal injury cases, including car crashes, slip and fall incidents, premises liability claims, dog bite injuries, and most negligence cases. The purpose of this time limit is to ensure cases are handled while evidence remains fresh and witness memories are reliable.

Why Acting Quickly Matters

While two years might seem like a lot of time, building a strong personal injury case requires extensive preparation, evidence needs to be preserved, medical records gathered, witness statements obtained, and negotiations with insurance companies conducted. Waiting too long can weaken your case even if you’re still within the legal deadline.

Special Statute of Limitations for Specific Injury Cases

Not all personal injury cases follow the standard two-year rule. Texas law establishes different deadlines for certain types of claims based on their unique circumstances and legal requirements.

Medical Malpractice Claims

Medical malpractice cases have a two-year statute of limitations that begins from the later of when the treatment occurred or when you discovered (or reasonably should have discovered) the malpractice. However, there’s an important catch: Texas imposes a 10-year statute of repose for medical malpractice cases, meaning no lawsuit can be filed more than 10 years after the incident occurred, regardless of when you discovered the malpractice.

For minors injured by medical malpractice, the rules become more complex. Children under 12 have until their 14th birthday to file a claim, but the 10-year statute of repose still applies. This means a 2-year-old injured by medical malpractice would have only 10 years (until age 12) to file, while a 9-year-old would have 5 years (until age 14).

Wrongful Death Cases

Wrongful death claims follow Texas Civil Practice and Remedies Code 16.003(b) and have their own two-year limitation period. However, the clock starts on the date of death rather than the date of the initial injury. This distinction is crucial because there may be a gap between when someone is injured and when they pass away from those injuries.

Defamation Claims

Defamation cases, including libel (written) and slander (spoken), have just a one-year statute of limitations in Texas. The clock typically starts from the date the false statement was first made or published. This shorter timeframe reflects the need to address reputation damage quickly.

Important Exceptions That Can Extend or Pause the Deadline

Texas law recognizes several situations where the standard statute of limitations might be unfair. These exceptions can pause or extend the filing deadline under specific circumstances.

The Discovery Rule

Under the discovery rule, the statute of limitations doesn’t begin until you discover, or reasonably should have discovered, your injury. This applies when injuries aren’t immediately apparent, such as exposure to toxic substances that cause illness years later.

However, Texas courts apply this rule sparingly and only in exceptional circumstances. The discovery rule commonly applies in medical malpractice cases where a patient may not realize they’ve been harmed until much later, and in some product liability cases involving long-term health effects.

Injuries to Minors

When an injury involves a minor (anyone under 18), the statute of limitations is “tolled,” meaning the two-year clock doesn’t start until the minor turns 18. This gives them until age 20 to file their personal injury claim. This exception ensures children have the opportunity to pursue legal action once they reach adulthood and can make their own legal decisions.

Mental Incapacity

If someone is mentally incapacitated at the time of their injury, the statute of limitations typically pauses until they regain mental soundness. This ensures vulnerable individuals have a fair opportunity to pursue their claims once they’re able to understand their rights and make legal decisions.

Claims Against Government Entities

Claims against government entities may demand notice within 180 days under the Texas Tort Claims Act. If your accident occurred on municipal property and you’re filing against a government entity, you must give notice within six months of the incident. These shorter deadlines require immediate attention and prompt legal action.

Sexual Abuse Cases

Texas grants a 30-year statute of limitations for personal injury cases involving sexual abuse or child sexual abuse. This extended timeframe recognizes the complex psychological factors that may prevent victims from coming forward immediately and provides them with significantly more time to pursue justice.

Contact The Law Firm of Chaile Allen

Understanding statute of limitations deadlines is just the first step in protecting your legal rights after an injury. The complexities of Texas personal injury law require experienced guidance to ensure you don’t miss critical deadlines or procedural requirements. Acting quickly gives you the best chance to preserve evidence, identify witnesses, and build the strongest possible case for compensation.

The Law Firm of Chaile Allen brings 15 years of dedicated personal injury experience to West Texas clients. As a locally owned, independent firm with deep community roots, Chaile Allen provides personalized attention to each case while maintaining the high standards of legal representation you deserve. Her practice spans multiple counties throughout Texas, and her organic growth through referrals demonstrates her commitment to client satisfaction and effective representation. Schedule your free consultation today to discuss your case and ensure your rights are protected within the applicable statute of limitations.