How Long Do I Have to File a Personal Injury Lawsuit in Texas?

After suffering an injury due to someone else’s negligence, dealing with life post-accident can be quite challenging. If you plan to seek compensation by filing a personal injury lawsuit, it’s important to take legal action as quickly as possible. The laws in Houston, TX (and the rest of the state) have specific guidelines that affect your legal right to file a claim after your injury.

What Is a Statute of Limitation?

Texas law regarding lawsuits for personal injury claims is the same whether you live in Houston, Harris County, or anywhere else in the Lone Star State. First, let’s discuss the definitions of a few important legal terms that will make it easier for you to understand the aspects of civil lawsuits:

1. Plaintiff: The injured person who is suing to regain losses incurred from the incident
2. Defendant: The person or party the plaintiff is suing for causing their injuries

The next important legal term to know is the ‘statute of limitations.’ This refers to a legal deadline regarding civil claims like personal injury suits. Plaintiffs only have a certain amount of time to file a legal claim in court to pursue financial and non-financial recompense for their losses. Once that clock runs out and the statute of limitations expires, the plaintiff can no longer take legal action or file an injury claim.

What’s the Deadline to File a Personal Injury Lawsuit in Houston, TX?

Statute of limitation laws in Texas for personal injury claims fall under the Civil Practice and Remedies Code, § 16.003. Before we dive deeper, it’s important to note that no two cases are alike. Every injury claim has unique circumstances and factors influencing the case’s direction, timeline, and ultimate resolution.

Most Personal Injury Cases Have a Two-Year Limit on Lawsuits

Generally speaking, Texas laws allow the plaintiff two years to file their claim in a personal injury suit. The legal deadline usually begins on the date of the accident or injury. Once the two years are up, you lose your legal right to sue. The most common causes of injury claims include:

• Car crashes
• Slip and falls
• Dog bites and animal attacks
• Pedestrian and bicyclist accidents

Exceptions to the Statute of Limitations for Personal Injury Claims

1. Injured Minors

One exception to the legal deadline in personal injury cases relates to minors. If the injury occurs to a minor child, the usual statute of limitations doesn’t apply. Instead, the two-year time limit doesn’t begin until the injured person turns 18 and becomes an adult.

2. Mental Incapacitation

Another exception to the statute of limitations in Texas personal injury cases refers to the injured person’s state of mind. If the injury is severe enough that the person is unable to make sound decisions or is considered mentally incapacitated, the time limit for suing pauses indefinitely. The two-year deadline will start when or if the injured person overcomes their disability and regains their mental health.

3. Defendants Who Leave Texas

What happens if the person responsible for your injury leaves Texas or you can’t locate them at all? If the defendant in your case leaves the state, the statute of limitations clock stops. The time limit only begins to run again once they return to Texas.

4. Wrongful Death Claims

Wrongful death cases are another exception to the two-year limit unless the death occurs on the same day as the accident. For example, if the person survives their injuries for a few weeks or months but ultimately perishes, the clock doesn’t start until the day of their death.

5. The Discovery Rule

In Texas, one of the most important (and complicated) exceptions to legal deadlines when filing a personal injury lawsuit is known as the discovery rule. This rule pertains to injuries that were not immediately recognizable after the accident or when it’s impossible to determine the specific date of when the injury occurred. The plaintiff has the burden of proving the direct causation of their injury, which can be difficult if a lot of time has passed.

Here’s an example of how the discovery rule affects lawsuit timelines under Texas law. Let’s say you worked at a Houston oil refinery, during which you experienced long-term exposure to benzene, a carcinogen. Ten years later, you develop leukemia, which can often result from benzene exposure. With the discovery rule, the statute of limitations to file a claim against your employer wouldn’t start until the date you were diagnosed with cancer.

6. Lawsuits Against the State of Texas

If you plan to file a personal injury case against the state of Texas, be forewarned that the statute of limitations is much shorter. Instead of two years, the deadline drops to a mere six months under the Texas Tort Claims Act.

Can You File a Personal Injury Claim in Texas After the Statute of Limitations Expires?

Simply put, no. If you try to file after the deadline, the courts will most likely dismiss your case outright. Or, you could even be sanctioned (punished) for filing a ‘frivolous lawsuit.’  That’s why it’s so important to speak with a lawyer with experience handling personal injury cases as quickly as possible.

Why You Should Consult a Texas Personal Injury Attorney Today

Two years seems like a lot, but it can pass faster than you realize. The sooner you find a lawyer with the skills and experience to handle your lawsuit, the better. They can help you gather evidence to strengthen your case, like recording witness statements while their memories are still fresh, collecting video surveillance before it’s erased, etc.

What’s the Process to File an Injury Claim in Texas?

Once you retain an attorney, they will become your legal advocate and the primary point of contact during your case. Their guidance will include critical services such as negotiation with insurance companies, fighting for maximum compensation, and ensuring you don’t miss important legal deadlines.  Here’s how the filing process works in most cases:

1. Building a Case Petition

The Texas courts require a legitimate legal basis to sue another person or party for personal injury losses. Your lawyer will collect and preserve all the relevant evidence in your case, creating a document known as a petition or complaint.

2. Filing the Petition at Court

After your attorney has completed your case petition, it’s time to make things official. They’ll determine the correct courthouse jurisdiction for your case. Typically, it will be either the county where the defendant lives or where the accident happened. Texas also charges the plaintiff a filing fee, but the court may waive the fee for those unable to pay.

3. Service of Process 

The legal term ‘service of process’ refers to the in-person act of serving the defendant in the claim. It’s an official notification that happens after filing your case. After the defendant has been served, your lawyer will help you develop an effective strategy for the next phase of your lawsuit.

Here at Abraham, Watkins, Nichols, Agosto, Aziz, and Stogner, we’re a team of dedicated personal injury lawyers with over 75 years of experience in the legal field. If you or a loved one suffered an injury or wrongful death, our firm is ready to guide you through filing a lawsuit and handling your claim with confidence. Don’t wait until the statute of limitations passes. Call Abraham, Watkins, Nichols, Agosto, Aziz, & Stogner at (713) 222-7211 to schedule a consultation at our Houston, TX, office today.