The General Rule: Two Years
In Texas, you generally have two years from the date of injury to file a personal injury lawsuit. This is known as the statute of limitations.
Why the Deadline Matters
If you miss the statute of limitations:
- The court will likely dismiss your case
- You lose all rights to compensation through the legal system
- The defendant can use the expired deadline as a complete defense
When Does the Clock Start?
The two-year period typically begins:
- Accidents: Date the accident occurred
- Medical malpractice: Date you discovered (or should have discovered) the injury
- Product liability: Date of injury from the defective product
Exceptions to the Two-Year Rule
Some situations have different time limits:
Government Claims
If your claim is against a city, county, or state entity, you may have only 6 months to file a notice of claim.
Minors
If the injured person is under 18, the statute of limitations doesn't begin until they turn 18.
Mental Incapacity
If the injured person is mentally incapacitated, the deadline may be paused.
Discovery Rule
For injuries not immediately apparent (like some medical conditions), the clock may start when you discover or should have discovered the injury.
Why You Shouldn't Wait
Even though you have two years, there are good reasons to act quickly:
1. Evidence deteriorates - Witnesses forget, documents are lost
2. Medical records - Treatment records are easier to obtain while fresh
3. Investigation - Accident scenes change over time
4. Peace of mind - Resolving your claim brings closure
Steps to Protect Your Claim
1. Document everything immediately after your injury
2. Seek medical attention and follow treatment plans
3. Keep records of all expenses and losses
4. Consult with an attorney well before the deadline
5. Don't accept quick settlement offers without legal advice
Contact Us Today
If you've been injured, don't let the deadline pass. Contact Medina & Medina for a free consultation to discuss your case and protect your rights.