Texas Personal Injury Statute of Limitations (2025): Deadlines & Exceptions
Meta Description: Understand the statute of limitations for personal injury claims in Texas in 2025: standard deadlines, exceptions and what claimants must act on.
1️⃣ Standard statute of limitations for personal injury in Texas
Under Texas law, most personal injury claims must be filed within **two years** of the date the cause of action accrues. Specifically, Texas Civil Practice & Remedies Code § 16.003(a) states that a person must bring suit for “personal injury” not later than two years after the day the cause of action accrues. :contentReference[oaicite:1]{index=1}
In practical terms, if you are injured in an accident (car crash, slip and fall, etc.) in Texas on January 1 2023, you would generally need to file your lawsuit by January 1 2025. :contentReference[oaicite:2]{index=2}
2️⃣ Exceptions: minors, discovery rule, government claims
While two years is the default, Texas law provides several important exceptions and extensions:
- Minors: If the injured person is under 18 at the time of the injury, the statute may be tolled (paused) until they reach 18, giving them two years after turning 18 to file. :contentReference[oaicite:3]{index=3}
- Discovery rule: In cases where the injury or cause is not reasonably discoverable at the time (for example, latent injuries, toxic exposure), Texas allows accrual to begin when the plaintiff knew or should have known of the injury. :contentReference[oaicite:4]{index=4}
- Claims against government entities: If you are suing a state or local government entity, special notice deadlines apply (often 6 months for notice under the Texas Tort Claims Act), though the two-year filing period still generally applies after notice. :contentReference[oaicite:6]{index=6}
- Special statutes: For certain sexual-abuse/offense cases involving minors, or for asbestos/silica-related injuries, Texas provides longer limitations or repose periods (e.g., 30 years in some cases) under § 16.0045 and § 16.0031. :contentReference[oaicite:7]{index=7}
3️⃣ What happens if you miss the deadline?
If the statute of limitations expires (and no valid exception applies), the court will most likely dismiss the lawsuit, and you lose your right to recover damages through that claim. :contentReference[oaicite:8]{index=8}
It is critical that claimants act promptly: waiting too long, even by a few days past the deadline, can result in a denied claim regardless of how strong the case might be.
4️⃣ How to protect your claim and timeline (mobile friendly steps)
Here are mobile-ready steps you can take to safeguard your rights and ensure you meet deadlines:
- 📱 Log the date of the incident immediately (using your phone’s timestamp or app).
- 📱 Seek medical treatment promptly and retain all records—the sooner you document injuries, the clearer the accrual date.
- 📱 Set a reminder on your calendar for the filing deadline (date of injury + two years, unless exception applies).
- 📱 If the at-fault party is a government entity, submit the required notice straightaway (often within six months) and track the confirmation.
- 📱 Contact a qualified personal injury attorney early to evaluate whether any exception (discovery rule, minor, mental incapacity) may extend your deadline.
5️⃣ Practical tips for gathering documentation early
Good documentation strengthens your case and helps avoid time-bar issues:
- Save all medical bills, treatments, imaging, and therapist reports.
- Take photos/video of the injury, accident scene, or hazard that caused the injury.
- Keep a written or digital log of your symptoms, recovery progress, and any impact on daily life/work.
- If you suspect a latent injury (e.g., exposure, disease), note when you first discovered symptoms and how you became aware of the connection.
- Store all communications with insurers, attorneys, or government claims units in one secure folder (cloud or device) for accessibility.
FAQs
Q1. What is the typical time limit to file a PI claim in Texas?
A1. Most personal injury (PI) claims must be filed within two years of the injury date, unless an exception applies. :contentReference[oaicite:9]{index=9}
Q2. Can “discovery rule” extend the filing timeframe?
A2. Yes — if the injury or harm wasn’t reasonably discoverable at the time of occurrence, the statute may begin when you discover (or should have discovered) the injury. :contentReference[oaicite:10]{index=10}
Q3. What if you miss the deadline?
A3. The court may legally dismiss your case, resulting in loss of recovery rights. It is critical to act before the limitation period ends. :contentReference[oaicite:11]{index=11}
Conclusion
In Texas for 2025, understanding the statute of limitations for personal injury cases is vital. The general rule provides a two-year window from the date the cause of action accrues—usually the date of injury—but several exceptions may extend or alter that timeline. To protect your claim, document the incident and injury immediately, be aware of special rules (minors, government defendants, latent injuries), and speak with legal counsel before time runs out.
References
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