Yes, in certain circumstances, Texas law does allow extensions to the standard filing deadline for personal injury claims. Understanding these exceptions could make the difference between recovering the compensation you deserve and losing your right to take legal action altogether. Make sure to speak with a car accident lawyer in McAllen.
What Is the Statute of Limitations for Personal Injury in Texas?
In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. This deadline is established by the Texas Civil Practice & Remedies Code, Section 16.003. While two years might sound like plenty of time, it can pass quickly—especially when you are focused on medical treatment and recovery. Once that window closes, the court will almost certainly refuse to hear your case.
Key Exceptions to the Personal Injury Statute of Limitations
Although the two-year rule applies in most situations, Texas law recognizes several important exceptions that can adjust when the clock starts ticking or how long you have to act.
Cases Involving Minors
If the injured person is under 18 at the time of the accident, the two-year countdown does not begin until they turn 18. That means they have until their 20th birthday to file a lawsuit. The law accounts for the fact that children can’t initiate legal proceedings on their own, so it grants them additional time to pursue a claim once they reach adulthood.
Cases Involving Legal Disability
Texas law extends a similar protection to individuals who are mentally incapacitated at the time of their injury. If someone is deemed to have a legal disability, the statute of limitations is paused until that disability is removed.
The Discovery Rule in Texas
In rare cases, you might not realize you have been seriously hurt until well after an accident. Perhaps an internal injury or a chronic health condition doesn’t surface for months. Under the discovery rule, the statute of limitations may begin when the injury was discovered—or reasonably should have been discovered—rather than on the date of the accident itself.
Claims Against the Government
If a government entity caused your injury, you face much shorter and stricter deadlines. Under the Texas Tort Claims Act, you may have as few as 180 days from the accident to submit a written notice of your claim. Missing that brief window can prevent your case from moving forward, even if you are still within the standard two-year period.
Cases Involving Wrongful Death
When someone passes away due to another party’s negligence, their family members may file a wrongful death lawsuit. The statute of limitations is still two years, but the clock starts on the date of death, not the date of the original accident. This distinction matters, especially in cases where someone survives for weeks after the incident before succumbing to their injuries.
What Happens If You Miss the Filing Deadline?
The court will very likely dismiss your lawsuit if you fail to file on time, regardless of how strong your evidence may be. You could lose your right to seek compensation for medical bills, lost wages, and pain and suffering permanently. The stakes are simply too high to leave this to chance.
If you have been injured, reach out to a Texas personal injury attorney as soon as possible. A personal injury lawyer in McAllen can evaluate your case, determine the deadlines that apply, and help protect your right to the compensation you deserve. Contact us today.
