How Long Do I Have to File a Personal Injury Claim in Texas?


You were hurt, and someone else is to blame. You need to file a claim with the applicable insurance company for your losses, but you may know that filing too soon can be risky. How long do you have to file a personal injury claim in Texas?

In most situations, you have two years from the date of the accident to take action. However, some limitations are specific to this, and a San Antonio personal injury lawyer can explain them to you at a free consultation.

The Statute of Limitations in Texas for Personal Injury

Under the statute of limitations in Texas, victims of personal injury have two years from the date of the accident to take legal action and file a claim in a court of law. In situations where the person died as a result of the insurance, you have two years from the date of the person’s death to take legal action in a court of law. Note that if you are in an accident in which a government body at any level is responsible for your losses, you only have six months from the date of the accident to file a claim.

In situations where you do not take legal action within the stated time frame, you risk the ability to recover damages for your losses. The court will not hear your claim against the other party, and if the court is unwilling to take up your case, the insurance company does not have to pay out.

For this reason, you should work with your personal injury attorney in Texas as soon as possible. The goal is not to go to court but to ensure that you are paid fairly for the losses you have. That starts with filing a claim and fighting for a settlement with the insurance company. Only in situations where the insurance company does not pay fairly do you want to go to court.

Exceptions to the Statute of Limitations in Texas

There are some situations in which the above-listed statutes of limitations apply. If you think you may be able to file a suit under one of these factors, do not wait to contact an attorney to move quickly.

  • You were under the age of 18 at the time of the incident. In these situations, the statute of limitations is tolled, or put on hold, until the victim reaches the age of 18. At that time, you are given two years from the date of your 18th birthday to take legal action.
  • The at-fault party flees. In situations where the at-fault person in the personal injury matter leaves Texas and you cannot serve them with notice of the lawsuit, the statute of limitations is extended. Typically, it will be extended until that party is back in Texas or can be found out of state.

Other potential situations may apply, such as when you are unconscious, medically unable to make decisions, or of otherwise unsound mind. However, it is still important to seek legal action right away.

The sooner you take action to file a claim against the at-fault party, the better. It provides an opportunity for you to recover damages fairly under the law for money owed to you because of another person’s negligence. Seek out the help of an attorney right away.