Understanding the Statute of Limitations for Personal Injury Cases

Texas is home to busy roads and workplaces where accidents happen. When an injury occurs, the calendar starts mattering, even if you're focused on treatment. A statute of limitations is a legal deadline for starting a lawsuit. 

If you file a personal injury claim after the deadline, the court can dismiss the case even if the underlying harm is real. Knowing how these time limits work helps you preserve records, identify the right claim type, and decide whether moving forward makes sense.

Our attorney at Humphrey Law PLLC helps people in Kingwood, Texas, get clear answers about filing deadlines so they can make informed choices while their case remains viable. Reach out to us today to get started.

Why Filing Deadlines Affect Injury Cases

After an accident, it's normal to focus on medical appointments, pain levels, and missed income. At the same time, time-sensitive evidence can fade, such as surveillance video that gets overwritten or scenes that change after repairs. The sooner you start collecting documents and names, the easier it is to build a clear timeline of what happened and how it affected you.

Deadlines also shape settlement discussions and litigation planning. When there's time to investigate, you can evaluate liability and line up supporting records. That's why the first step is knowing the general time limit that applies to many Texas personal injury claims.

Common Filing Time Limits in Texas

Many personal injury lawsuits in Texas are tied to a two-year deadline, often measured from the date of the injury. Wrongful death claims commonly follow a similar two-year time limit, typically measured from the date of death.

While those are common starting points, the right deadline depends on the type of case and how Texas law defines when the claim begins:

• Car and truck collision claims: Often fall under the standard personal injury deadline, with the injury date frequently acting as the starting point.

• Slip and fall and unsafe property claims: Commonly follow the same time limit, and early documentation can be helpful if conditions change.

• Product-related injury claims: May involve additional rules depending on what failed and when the defect is discovered.

• Medical negligence claims: Can have different requirements and timing rules that apply specifically to health care liability cases.

Once you have a likely deadline in mind, the next question is when your claim "accrues," because that start date is what the court uses to measure the filing window.

How Texas Sets the Start Date

In many cases, the clock starts on the day the injury happens because that's when the harm is apparent. For example, a crash that causes immediate pain or visible injuries usually triggers the deadline right away. That approach is straightforward, but it doesn't cover every situation, especially when symptoms or causes appear later.

Some cases involve a delayed discovery of the injury or its cause. In limited situations, Texas law can treat the start date differently when the injury wasn't reasonably discoverable at the time it occurred. This concept is sometimes called a "discovery rule," and it's fact-driven, which means small details can change the analysis and the deadline.

Situations That Can Change the Deadline

Even when a two-year limit applies, certain circumstances can shift how the time is counted. These issues are easy to miss because they don't always appear on the first day of an injury, and they can vary by claim type. Common timing issues that may affect the filing window include:

• Injured minors: A child's deadline may be measured differently, and parents or guardians may have their own related deadlines for certain claims.

• Legal incapacity: If a person can't manage their affairs under the law for a period of time, the deadline rules may be affected.

• Defendant absence: If the at-fault party leaves Texas for certain periods, the time calculation may change in some situations.

• Medical claim rules: Health care liability cases can involve special timing provisions that don't mirror standard injury claims.

• Prior legal filings: Earlier lawsuits, dismissals, or refiling issues can affect how much time is left and what rules apply.

Because these issues can turn on specific facts, it's important to connect the deadline rules to the kind of claim you're considering, including claims tied to a death.

Wrongful Death and Survival Claims

When a personal injury results in death, Texas law may allow a wrongful death claim by certain family members and a survival claim on behalf of the estate. These claims aren't the same thing, and they can involve different damages and different parties.

Death-related claims can also add practical steps, like gathering medical records, employment records, and funeral documentation, while a family is still processing the loss. It can help to identify who has the legal authority to act, what claims may be available, and which deadlines apply to each claim.

Deadlines When a Government Entity is Involved

Claims against a city, county, or other government unit can involve notice requirements that come long before the normal statute of limitations. In many situations, a person must provide formal notice promptly after the incident.

These rules can apply even when the underlying injury claim would otherwise fit the standard deadline:

• Notice of claim requirements: Some claims require written notice within a set period, sometimes measured in months rather than years.

• Where notice must be sent: The right office and delivery method can matter, and the requirements can vary by entity.

• Information that must be included: Notices often need key details like the incident date, location, and a brief description of what happened.

• Shorter internal deadlines: Certain agencies or local rules can impose shorter timelines than a person would expect.

Because government-related claims have their own filing rules, it helps to treat them as time-sensitive from day one, then evaluate how they fit with standard court deadlines.

Early Moves That Help Protect Your Deadline

Once you know deadlines can change based on the facts, taking a few early steps can help preserve your options. These steps don't require you to decide immediately to file a lawsuit with the help of our attorney at Humphrey Law PLLC, but they can make later decisions more informed and less rushed.

Three practical moves that often help include:

1. Write down a detailed timeline: Capture dates, symptoms, providers, and conversations while they're fresh, and keep copies of key documents.

2. Preserve physical and digital evidence: Save photos, damaged items, and messages, and request copies of reports before they become harder to obtain.

3. Talk with a personal injury lawyer early: A short review can clarify which deadline applies, whether notice rules are in play, and what information is still missing.

These steps can reduce the chance that a filing decision gets made under pressure right before a deadline, when it's harder to investigate and organize records.

Experienced Legal Guidance

If you're weighing a personal injury claim, our attorney at Humphrey Law PLLC can discuss how Texas filing deadlines may apply to your situation and what next steps may fit your goals. Our firm serves clients in Kingwood, Texas, and the surrounding areas. Call us for the legal support you need.