What type of injury have you suffered?
Car Accident
- Car Accident
- Head Injury
- Premises Liability
- Products Liability
- Truck Accident
- Wrongful Death
Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090Posted December 19, 2025 | Personal Injury Blog
Time is one of the most overlooked factors after an accident, yet it can be the single issue that determines whether you recover compensation or walk away with nothing. In Texas personal injury cases, the statute of limitations sets a strict legal deadline for filing a lawsuit, and missing it can permanently bar your claim, no matter how strong the facts are.
In most Texas personal injury cases, you have two years from the date of the injury to file a lawsuit in civil court. This deadline applies to common cases such as car accidents, truck accidents, motorcycle crashes, slip and fall injuries, dog bites, and many other negligence-based claims.
The purpose of this time limit is to ensure cases are brought while evidence is still fresh, witnesses are available, and facts can be fairly evaluated. Courts enforce these deadlines strictly, and insurers are quick to use them as a defense if a claim is filed too late.
While two years may sound like plenty of time, investigations, medical treatment, insurance negotiations, and legal analysis can take months. Waiting too long often leaves injured people with fewer options.
Generally, yes. The clock usually begins running on the date the injury occurred, not when treatment ends or when you realize the full extent of your damages.
However, Texas law recognizes limited exceptions where the start date may be delayed. These exceptions are narrow and often heavily contested by insurance companies.
For example, imagine a purely hypothetical scenario:
A worker is exposed to a toxic chemical at a job site but does not experience serious symptoms until many months later. In certain cases, the statute of limitations may begin when the injury was discovered or reasonably should have been discovered. These situations are complex and fact-specific, and they are not automatically granted.
Because these exceptions are limited, relying on them without legal guidance is risky.
Yes. While two years is the general rule, some claims have different timelines or additional notice requirements.
Claims involving a death, such as wrongful death actions, typically also have a two-year statute of limitations. However, the clock usually starts on the date of death, not the date of the accident.
Claims against government entities, such as a city, county, or state agency, are far more restrictive. In many cases, you must provide formal notice of your claim within six months or less, sometimes as short as 90 days, depending on the entity involved. Missing this notice deadline can end the case before it starts.
Claims involving minors may be tolled until the child turns 18, but this does not apply to every aspect of a claim, and parents’ related claims may still be subject to the standard two-year limit.
These variations make it critical to identify all potential defendants early.
If you file a lawsuit after the statute of limitations expires, the defendant can request dismissal of the case. Courts routinely grant these requests, regardless of how severe the injuries are or how clear the other party’s fault may be.
Insurance companies are fully aware of these deadlines. If they know the statute is close to expiring, they may delay negotiations intentionally, hoping you run out of time to file suit.
Once the deadline passes, you lose leverage, and often your entire claim.
No. This is one of the most common and costly misunderstandings.
Filing an insurance claim, negotiating with an adjuster, or even receiving partial payments does not pause or extend the statute of limitations. Only formally filing a lawsuit in the appropriate Texas court preserves your rights.
As a hypothetical example, consider an injured driver who spends a year negotiating with an insurance company in good faith. If negotiations stall near the two-year mark and no lawsuit has been filed, the insurer may simply refuse further payment once the deadline passes.
Even when you are well within the legal deadline, waiting can hurt your case in practical ways. Evidence can disappear, surveillance footage can be erased, and witnesses’ memories can fade.
Early involvement allows your legal team to preserve crash reports, obtain medical records, analyze liability, and calculate damages accurately. It also gives your attorney time to determine whether exceptions or additional notice requirements apply.
From a negotiation standpoint, having time on your side puts pressure on insurers rather than on you.
An experienced Texas personal injury lawyer tracks all applicable deadlines, identifies potential exceptions, and ensures your claim is filed properly and on time. They also handle communications with insurers so you are not misled into believing a claim is protected when it is not.
At Fielding Law, we approach deadlines with urgency because we know what is at stake. Protecting your right to compensation starts with protecting your time.
If you were injured in Texas, do not assume you have “plenty of time” to act. The statute of limitations is unforgiving, and delays can cost you the recovery you deserve.
Fielding Law Auto Accident Attorneys help injury victims across Texas and Utah understand their rights, meet critical deadlines, and pursue full compensation with confidence. Our offices are conveniently located in Texas and Utah, and we are ready to step in early, before time becomes the insurance company’s advantage.
Contact Fielding Law today for a free consultation and let us protect your claim before the clock runs out.
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
https://www.texasbar.com/AM/Template.cfm?Section=Consumer_Publications
https://www.tdi.texas.gov/consumer/auto-insurance-basics.html
Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.