The Statute of Limitations for Complex Injury Claims in Texas
When you’ve been hurt in a car crash or other incident caused by someone else’s negligence, it’s natural to focus on medical treatment, recovering physically, and getting your life back on track. While those priorities are understandable, it’s also important to remember that Texas law places strict deadlines on when a lawsuit can be filed. Missing the applicable statute of limitations can prevent you from pursuing compensation, regardless of how strong your case may be.
Although Texas law basically applies a “two-year deadline” or statute of limitations for filing a personal injury lawsuit, the reality is more complicated. Certain types of cases have shorter deadlines, while others may allow additional time because of the injured person’s age, legal incapacity, or the nature of the defendant’s conduct. Claims involving government entities – both State and Federal – also follow special notice requirements that can arise long before the statute of limitations expires.
At Gilbert Adams Law Offices in Beaumont, we help clients throughout Southeast Texas and across the state understand the deadlines that apply to their cases. Knowing when the clock starts and whether any exceptions apply is an important part of protecting your legal rights.
The General Statute of Limitations for Personal Injury Claims in Texas
For most personal injury cases in Texas, the statute of limitations for filing a lawsuit is two years from the date the cause of action accrues, which is usually the date of the injuries. This deadline is established by Section 16.003 of the Texas Civil Practice and Remedies Code, which generally governs lawsuits seeking damages for personal injuries.
In many cases, determining when the claim accrues is straightforward. If you are injured in a car crash, slip and fall, or other incident involving immediate physical injury, the limitations period typically begins on the date the accident occurred.
Waiting until the last minute to file a lawsuit is risky. Building a strong personal injury case requires gathering medical records, interviewing witnesses, preserving evidence, consulting experts when necessary, and negotiating with insurance companies. Beginning the process early helps ensure valuable evidence is not lost.
Wrongful death actions are likewise subject to the same two-year statute of limitations under Section 16.003. The two-year period is calculated from the date of the injured person’s death, which may be different from the date on which the injury occurred.
Exceptions for Minors and Mental Incapacity
One of the most important exceptions to the general personal injury statute of limitations involves injuries suffered by minors. Under Section 16.001 of the Texas Civil Practice and Remedies Code, the statute of limitations is tolled (paused) while the injured person is under a legal disability, including being younger than 18 years of age. For an injured minor, the limitations period does not begin to run until the child reaches adulthood, giving them until age 20 to file a lawsuit.
However, this rule does not necessarily extend to every related claim. For example, parents who are the owners of the claim for the minor’s medical expenses incurred during the child’s minority are still subject to the general two-year statute of limitations. Because multiple claims may arise from the same incident, families should not assume that every deadline is automatically postponed.
Texas law also recognizes legal disability when an injured person is of “unsound mind.” Under Section 16.001, the limitations period is suspended while the legal disability exists. Whether someone qualifies as being of unsound mind depends on the specific facts and applicable legal standards. Simply suffering an injury or illness does not automatically toll the statute of limitations.
Questions involving legal incapacity often require careful factual and medical analysis. Because these issues can become highly contested, it is important to seek legal advice rather than assume additional time is available.
Government Claims Have Short Notice Deadlines
One of the most common mistakes people make is failing to understand that the ordinary two-year statute of limitations does not apply when a government entity may be responsible for an injury. Claims against state agencies, counties, cities, school districts, and other governmental units are governed by the Texas Tort Claims Act. Although lawsuits under the Act are generally subject to a two-year limitations period, claimants must satisfy notice requirements long before that deadline expires.
Under Section 101.101 of the Texas Civil Practice and Remedies Code, formal notice must be provided to the governmental unit within six months after the incident unless a city charter or local ordinance requires notice within an even shorter period. Some municipalities impose notice deadlines of just a few months. Houston, for example, requires written notice within 90 days of the injury. Others may have a 30-day requirement for notice. There are also notice requirements for other classes of Defendants, including health care providers, architects and engineers.
The required notice must reasonably describe the incident, including the time and place of the incident and the injury claimed. Failing to comply with applicable notice requirements can jeopardize a claim even if the lawsuit itself would otherwise be filed within the two-year statute of limitations.
Fraudulent Concealment May Delay the Running of Limitations
In some situations, a defendant’s own misconduct prevents an injured person from discovering important facts about their claim. Texas recognizes the equitable doctrine of fraudulent concealment, which may prevent a defendant from relying on the statute of limitations when they intentionally conceal wrongdoing that could not reasonably have been discovered. In these situations, the law suspends the limitations period until the injured person discovers—or through reasonable diligence should have discovered—the facts giving rise to the claim. Because these cases often involve allegations of intentional misconduct, courts examine them carefully.
Claims Arising from Exposure to Asbestos or Silica
Texas has adopted special limitations rules for certain latent occupational disease claims involving asbestos- and silica-related injuries. Under Section 16.0031 of the Texas Civil Practice and Remedies Code, the ordinary two-year statute of limitations does not necessarily begin on the date of exposure. Instead, the statute recognizes that illnesses such as mesothelioma, asbestosis, silicosis, and certain occupational lung diseases may not develop until many years or even decades later. The accrual of these claims is governed by the specific provisions of Section 16.0031 and related statutes addressing asbestos- and silica-related litigation.
Claims Arising from Certain Criminal Offenses
Another important exception appears in Section 16.0045 of the Texas Civil Practice and Remedies Code, which establishes significantly longer filing periods for personal injury claims arising from certain criminal offenses, including sexual assault, aggravated sexual assault, sexual assault of a child, continuous sexual abuse of a young child or disabled individual, certain trafficking offenses, and compelling prostitution. Depending on the nature of the offense, the limitations period may be five years or as long as 30 years from the date the cause of action accrues.
Don’t Assume the Two-Year Rule Always Applies
The two-year statute of limitations is an important starting point, but it is not the entire story. Claims involving minors, individuals with legal disabilities, governmental entities, latent injuries, or fraudulent concealment may follow different rules that significantly affect filing deadlines. Determining the correct deadline requires a careful analysis of the facts, the applicable statutes, and Texas court decisions interpreting those laws. Miscalculating the deadline can have serious consequences, including the loss of the right to pursue compensation altogether.
Gilbert Adams Law Offices represents injured clients throughout Beaumont, Southeast Texas, and across Texas in complex personal injury and wrongful death matters. As soon as you discover you might have a personal injury or wrongful death claim against another party, contact Gilbert Adams Law Offices for a free consultation to discuss your legal options before valuable time runs out.
