By Seth Anderson on July 28, 2017
If you were injured because of another’s negligence, an effective method for recovering compensation for your pain and suffering is to bring a personal injury claim against the at-fault party.
However, you must bring your claim within a specific timeframe for it to be considered valid. This is known as the statute of limitations, and if you fail to file your claim within this timeframe, you will lose your right to pursue compensation.
Anderson & Cummings’ personal injury attorneys in Fort Worth are dedicated to protecting the rights of victims of negligence. We have represented numerous personal injury claims and will work to help ensure your claim is properly filed within Texas’s statute of limitations.
Each state imposes its own statute of limitations for various forms of negligence claims. In Texas, you have a two-year statute of limitations to pursue a legal action for the following claims:
The two-year timeframe begins on the date your injury or the accident that caused your injury occurred.
If you are filing a claim because a loved one was killed by another’s negligence, you have two years from the date of the death to bring a claim against the at-fault party.
Generally, the statute of limitations is a strict rule that you must follow if you are filing a personal injury claim. However, Texas does allow some exceptions that could change the two-year deadline. It is best to consult a reputable personal injury lawyer to determine the time limits that apply to your case.
The discovery rule applies when an injury is not immediately apparent. In Texas, courts have recognized that the two-year period under the Texas Civil Practice and Remedies Code (Tex. Civ. Prac. & Rem. Code §16.003) begins when a cause of action “accrues.” In limited cases—such as exposure to harmful substances or hidden medical errors—courts have held that accrual may be delayed until the injury could reasonably have been discovered.
Children injured in accidents generally receive extra time to file. Texas law tolls the statute of limitations for personal injury claims until the child reaches 18. This safeguard ensures minors are not deprived of their right to pursue justice due to age.
Individuals who lack legal capacity may also receive extended filing periods. When someone cannot manage personal or legal affairs due to mental incapacity, Texas law suspends the deadline until the disability is lifted.
If the at-fault party leaves Texas, the filing clock may pause. Section 16.063 of the Civil Practice and Remedies Code delays the countdown when the defendant is absent from the state, protecting claimants from losing their rights while the responsible person is unavailable.
Acting within the Texas statute of limitations for personal injury is critical to preserving evidence, maintaining reliable witness testimony, and protecting your right to trial. Courts strictly enforce the two-year deadline, so consulting an attorney promptly helps determine whether the standard rule or an exception applies to your case.
At Anderson, Cummings & Drawhorn, we guide clients through the Texas statute of limitations for personal injury, protecting claims from procedural obstacles and insurer tactics. Call 817-920-9000 today to discuss how the statute of limitations applies to your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
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