The answer to how long you have to file a personal injury lawsuit depends on a few factors, but most people in Texas have two years. That deadline can sneak up fast, especially if the accident seemed minor at first. If you are unsure where things stand, do not worry. Many people wait longer than they should before asking questions.
Filing Deadlines for Personal Injury Claims in Texas
Most personal injury cases in Texas follow a two-year deadline, which starts from the date of the injury in most situations. This general rule applies to car crashes, slip and falls, dog bites, and many other kinds of injury claims. Knowing your deadline early gives you time to protect yourself, gather information, and avoid being rushed into the wrong decision.
When the Two-Year Clock Starts Ticking After an Injury
For most people, the clock starts the day the injury happens. That might be the date of the crash, the fall, or whatever incident resulted in the harm you suffered.
However, there are some exceptions. If your injury involved internal damage, delayed symptoms, or something like a traumatic brain injury, you might qualify for what is called the discovery rule. Under Texas Civil Practice and Remedies Code § 16.003, this can delay the start of the deadline until the injury could have reasonably been noticed.
Exceptions That Can Pause or Extend the Standard Deadline
Some people qualify for extra time, depending on the situation. If the person who was hurt was a minor or medically unable to handle legal matters, the deadline might be paused.
Different rules also apply when a government agency is involved. In those cases, you might have a much shorter timeline or need to give early notice before filing a formal claim.
Common Delays That Can Affect Your Texas Personal Injury Claim Deadline
There are plenty of understandable reasons why people wait to act after getting hurt. Some are unsure about filing while others assume the pain will go away, and many are just trying to get through the day. Even small delays can cut into your options, especially when a traumatic brain injury or other serious condition makes decision-making harder. Common reasons for potential delays include:
- Waiting on the insurance company
- Not realizing the injury is serious
- Assuming symptoms will go away
- Relying on verbal promises
- Misinformation from insurers
- Believing a claim was already filed
- Confusion about where to file
- Focusing on physical recovery
Filing too late can stop your claim before it starts. Even cases involving catastrophic injury are still held to the same deadline. Under Texas Government Code § 311.014, the courts follow strict rules for counting time, which makes it even more important to act before the deadline quietly runs out.
How Courts Decide If a Case Was Filed on Time
The courts will not look at how serious your injury is if your case is filed too late. They check the paperwork, the timeline, and whether you followed the filing rules. Even a strong personal injury case can be thrown out if the deadline passes before anything is submitted.
What Happens When Filing Is Just One Day Late
Missing the deadline by even one day can stop your case from moving forward. That is true no matter how badly you were hurt or how clearly the other person was at fault.
Unless the law gives a specific exception, judges are not allowed to make timing decisions based on fairness. Under Texas Rules of Civil Procedure Rule 21, the courts use strict standards when deciding whether your filing is valid.
Why Filing Early Helps Preserve Evidence and Credibility
Filing early gives us a better shot at gathering what we need. Witnesses are easier to reach, records are easier to find, and your injury is easier to connect to the event.
This matters even more in cases involving traumatic brain injuries or other catastrophic injuries. Acting early gives us more to work with when it matters most.
Get Deadline Answers From a Dallas Legal Team You Can Trust
It is not too late to ask questions. Even if you are unsure about your exact deadline, there is value in speaking with someone who understands how Texas personal injury timelines really work. Our team can help you understand where things stand and what to do next.
You deserve answers based on your individual situation, not general advice. Your Dallas personal injury attorney at Goff Law, PLLC has handled cases with unusual deadlines and tight timelines before. If you are unsure whether you still have time, contact us and we will walk through it with you.