What Houston Injury Victims Need to Know About the Statute of Limitations in Texas
If you or someone you love has been injured in Texas—whether from a car crash, a fall on someone else’s property, or a serious workplace accident—one of the most important things you need to know is this: you only have a limited amount of time to take legal action. This deadline is known as the statute of limitations, and missing it could cost you your right to seek compensation.
Understanding how the statute of limitations works in Texas can make all the difference in protecting your future. At The Law Office of Amy Dunn, we help injury victims across Houston and throughout Texas take swift and informed action. In this blog, we’ll break down what the statute of limitations means, why it matters, how exceptions apply, and what you need to do next.
What Is the Statute of Limitations?
The statute of limitations is a legal deadline. It defines how long you have after an accident or injury to file a lawsuit in civil court. Once that deadline passes, your claim may be dismissed—no matter how valid or serious it is.
“The law sets a clock on your ability to pursue justice. We work to make sure you don’t run out of time.”
– Attorney Amy Dunn
In personal injury cases in Texas, this timeline is typically two years from the date of the injury.
Texas’ Standard Personal Injury Statute of Limitations
Under Texas Civil Practice & Remedies Code § 16.003(a), most personal injury claims have a two-year deadline. That means:
If you were injured in a car accident, you generally have two years from the date of the crash to file a lawsuit.
If you slipped and fell at a Houston grocery store or restaurant, the clock typically starts the day you were hurt.
If you were injured on the job (and your employer doesn’t subscribe to workers' comp), the same two-year deadline likely applies.
This deadline applies to a wide range of personal injury cases, including:
Car accidents
Truck accidents
Motorcycle accidents
Premises liability injuries (e.g., slip and fall)
Pedestrian injuries
Catastrophic injuries (e.g., TBI, burns, spinal injuries)
Wrongful death claims (starting from the date of death)
Why the Statute of Limitations Matters
Waiting too long to take legal action can destroy your claim—even if your injuries are severe, your expenses are sky-high, and the other party was clearly at fault.
Here’s what’s at stake:
You lose the right to pursue compensation in court.
Insurance companies will use the deadline against you to avoid paying.
Vital evidence may be lost, and witnesses may forget key details.
In personal injury law, time is not on your side. The sooner you act, the better your chances of building a strong case and seeking maximum compensation for your injuries, lost income, medical bills, and pain and suffering.
Key Exceptions to the Two-Year Rule
While the two-year statute of limitations is the default in Texas, there are some exceptions that can shorten or extend the deadline depending on the facts of your case.
Here are a few situations that may affect your timeline:
1. Injuries to Minors
If the injured person is under 18 at the time of the accident, the statute of limitations may be tolled (paused) until they turn 18. In these cases, the two-year countdown typically begins on their 18th birthday.
That said, parents or guardians can often file on behalf of the child before that point, and it’s usually wise to do so. Don’t wait years to protect your child’s rights.
2. Delayed Discovery of Injury
Sometimes, an injury isn’t immediately apparent. If you reasonably couldn’t have discovered your injury until later, the statute may start when the injury is—or should have been—discovered. This is called the discovery rule.
This exception is rare in straightforward accidents but may apply in certain cases like:
Exposure to toxic substances
Medical devices that fail over time
Traumatic brain injuries (TBIs) with delayed symptoms
3. Wrongful Death Claims
In Texas, wrongful death lawsuits also have a two-year statute of limitations, but the clock starts on the date of the person’s death, not the injury date. Family members (such as a spouse, child, or parent) are the ones who can bring the claim.
4. Government Entities
If a city, county, or state agency caused your injury—like a slip on a city sidewalk or an accident involving a government vehicle—the rules are stricter.
Under the Texas Tort Claims Act, you may have as little as six months to file a formal notice of claim. Houston and other local governments may have even shorter deadlines. Don’t wait—these cases are complex and unforgiving.
What Happens If You Miss the Deadline?
Missing the statute of limitations is not something the court overlooks.
If you file a lawsuit after the legal deadline has passed:
The defendant can file a motion to dismiss the case.
The court will almost certainly grant that motion.
You will lose the right to pursue financial recovery in court—no matter how strong your evidence is.
This is why contacting a Houston personal injury attorney as early as possible after your accident is so important.
“Once your time runs out, your chances of pursuing compensation are greatly diminished. Talk to someone who knows the clock and applicable exceptions before it’s too late.”
What Should You Do After an Injury?
If you’ve been hurt in an accident, there’s a lot to deal with—medical bills, lost work, physical pain, and emotional stress. But protecting your legal rights must be part of the plan.
Here’s how to stay ahead of the statute of limitations:
1. Seek Medical Attention
Always prioritize your health. Get medical treatment right away—even if your injuries seem minor. Documentation from doctors will also be key to your case.
2. Document the Scene and Injuries
Take photos of the accident scene, your injuries, and anything else relevant. Get contact info for witnesses if you can.
3. File an Insurance Claim Promptly
Texas doesn’t have a specific law requiring you to report an injury to insurance within a certain time, but insurance policies often do. Reporting it quickly avoids delays and protects your options.
4. Avoid Speaking to Insurance Adjusters Alone
Insurance companies may try to get you to say something they can use to deny or reduce your claim. Don’t give recorded statements or accept a settlement without legal guidance.
5. Talk to a Personal Injury Attorney
The sooner you speak with a lawyer, the better. An experienced Houston injury attorney like Amy Dunn can:
Help you calculate your deadline accurately
Collect and preserve critical evidence
Negotiate with insurance companies
Prepare your case for court if necessary
How Amy Dunn Helps Clients Navigate Deadlines
At The Law Office of Amy Dunn, we don’t just understand deadlines—we build smart legal strategies around them.
We work with injured clients across Houston and all of Texas to:
Identify the correct statute of limitations for your case
Take fast action when time is limited
File all necessary paperwork on time and correctly
Advocate for your right to pursue the maximum compensation available under the law
“I treat every client’s case like it’s urgent—because it is. You don’t just need answers. You need action, now.”
Common Questions About the Statute of Limitations in Texas
Can I file a claim after the two-year deadline?
In most cases, no. Once the statute of limitations expires, your right to file a lawsuit is gone. There are rare exceptions, but they are very limited.
Does the two-year clock apply if I’m filing an insurance claim, not a lawsuit?
Yes and no. You can often begin an insurance claim without a lawsuit—but if the insurer doesn’t pay fairly, your lawsuit must still be filed before the two-year deadline or you lose leverage.
What if I don’t know who’s at fault yet?
You should still speak to an attorney immediately. A thorough investigation can identify liable parties and make sure you don’t miss critical deadlines.
Don’t Let Time Run Out on Your Case
No matter how clear your injury claim is, the legal clock is ticking. If you wait too long, your opportunity to hold the at-fault party accountable and seek compensation can disappear forever.
Amy Dunn has been a trusted legal advocate for injury victims in Houston and across Texas. Whether you're dealing with the aftermath of a severe car accident, a life-altering fall, or a traumatic brain injury, your time to act is limited.
Take the First Step Today
You deserve answers, justice, and peace of mind. Let Amy Dunn help you understand your legal options and take immediate action to protect your rights before the statute of limitations expires.
Schedule your free consultation today to speak directly with an attorney who cares—and who fights to get results. There’s no fee unless we win.