After an accident, filing a lawsuit may be the last thing on your mind. You may be focused on recovering from your injuries, paying medical bills, returning to work, and dealing with insurance companies.
But personal injury claims have deadlines. In Texas, the statute of limitations generally gives an injured person two years to bring a personal injury lawsuit, but that does not necessarily mean you have two years to negotiate with an insurance company and then decide what to do. If an insurance settlement negotiation continues until the deadline passes, you could lose the ability to pursue your claim in court.
If you or a loved one has been injured, time is critical and could be wasted through constant negotiations with the insurance company. Call the Laredo personal injury team at Guzman Law Firm at (956) 516-7198 to review your case.
This article provides general information and is not intended to provide legal advice. Statutes of limitations and other legal deadlines can vary depending on the facts of an individual case. Speaking with an attorney promptly can help you understand which deadlines may apply to your circumstances.
Understanding the Texas personal injury statute of limitations
What is the Texas statute of limitations for personal injury?
For most personal injury claims, Texas law requires a lawsuit to be filed within two years after the cause of action accrues. In many ordinary accident cases, that means the clock generally begins on the date of the accident or injury.
The important distinction is that the statute of limitations is generally a deadline for filing a lawsuit, not simply for reporting an accident to the insurance company. If you believe someone else’s negligence caused your injuries, you should not assume that opening an insurance claim protects your legal rights indefinitely.
When does the statute of limitations officially start?
Usually, the limitations period begins when your cause of action accrues. In a straightforward car accident, for example, that will commonly be the date the crash occurred; however, determining the accrual date can become more complicated when an injury is discovered later, when the circumstances involve a latent injury, or when a specific statutory exception applies.
Texas law also recognizes certain situations involving legal disability and specific types of injuries that can affect when limitations run. Because the exact accrual date can determine whether a lawsuit is timely, do not rely on a general two-year calculation if your case involves unusual circumstances.
What information should I have before filing a personal injury claim?
One of the most important things you can do after an injury is begin gathering information that can help establish how much your claim may be worth. That can include:
- Medical records and bills
- Records of future medical treatment
- Lost wages and employment information
- Evidence of reduced earning capacity
- Property damage
- Photographs and videos
- Accident reports
- Witness information
- Insurance policy information
- Documentation of how the injury has affected your daily life
You do not necessarily need to know the exact value of your case before contacting a lawyer. In fact, trying to calculate everything yourself can be difficult when you are still receiving treatment. What matters is gathering accurate information as early as possible. A complete picture of your damages can also help you avoid accepting a settlement before you understand the extent of your losses.
What are the exceptions to the statute of limitations in Texas?
There are exceptions to the standard two-year deadline. For example, Texas law provides specific rules for certain asbestos- and silica-related injuries, claims arising from certain offenses, and defective-product claims.
Legal disability can also affect limitations. Under Texas law, a person who is under 18 or of unsound mind when the cause of action accrues may have additional time because the period of disability is not included in the limitations period.
These exceptions are highly fact-specific. You should not assume that an exception applies simply because your situation is unusual.
Can a judge overrule and extend the statute of limitations in Texas?
Generally, you should not expect a judge to simply extend the deadline because you missed it.
Texas statutes establish limitations periods, and whether a particular exception, tolling rule, or accrual rule applies depends on the facts and applicable law. A court may determine that the statute was tolled or that the deadline was calculated differently, but that is different from simply giving someone extra time because the deadline was inconvenient.
If your deadline is approaching — or you believe it has already passed — have an attorney review the circumstances immediately. There may be legal issues affecting the calculation that are not obvious from the accident date alone.
Filing and settlement timing
How long is too long to wait for my personal injury settlement?
You should be especially cautious when an insurance company is taking a long time to resolve your claim.
Suppose you were injured in January 2025. You spend months receiving treatment, submit your medical records and demand package, and begin negotiating with the insurance company. If those negotiations continue into January 2027 without a settlement or lawsuit, the two-year limitations deadline could become a serious issue.
The insurance company’s delay does not automatically protect your claim from the statute of limitations.
Do not assume that an open insurance claim, a pending settlement offer, or ongoing negotiations mean you can wait indefinitely. If your deadline is approaching, an attorney can evaluate whether additional legal action is necessary to protect your rights.
What does it mean to “toll” the statute of limitations?
“Tolling” generally means that the clock is legally paused or suspended for a period of time; however, simply communicating with an insurance adjuster, submitting medical records, making a demand, or negotiating a settlement does not automatically toll the Texas statute of limitations.
This is one reason it can be dangerous to treat an insurance claim and a lawsuit as interchangeable. They are not.
If an insurer tells you that negotiations are continuing while your limitations deadline approaches, consider the deadline independently of the insurance company’s timetable. A lawyer can determine whether any recognized tolling rule actually applies to your circumstances.
What if I’m still being treated for my injuries before a settlement can be reached in time?
This is a common problem in personal injury cases. You may still be receiving treatment when the two-year deadline approaches, and you may not yet know whether you have reached maximum medical improvement.
You generally should not feel pressured to settle simply because the deadline is approaching. At the same time, you should not assume that continuing treatment automatically extends the statute of limitations.
Instead, address the deadline early. An attorney can evaluate your treatment status, damages, available evidence, insurance coverage, and potential litigation strategy while you continue receiving appropriate medical care. The goal is to protect your legal rights without sacrificing your ability to understand the full impact of your injuries.
Special circumstances
What if my personal injury claim is against a government entity?
Claims involving governmental entities can have much shorter notice requirements than ordinary personal injury cases.
For example, Texas Civil Practice and Remedies Code Section 101.101 generally requires notice of a claim against a governmental unit under the Texas Tort Claims Act within six months after the incident. The statute also recognizes an exception when the governmental unit has actual notice of the injury or other qualifying circumstances.
Importantly, this six-month period is a notice requirement, not simply a reduction of the ordinary personal injury statute of limitations to six months. Other deadlines and requirements can also apply.
If your accident involved a state agency, city, county, school district, or other governmental entity, seek legal guidance as soon as possible. Missing a required notice deadline can jeopardize a claim.
What if I was injured by a defective product?
Product liability cases can involve different limitations rules.
Texas law generally establishes a 15-year statute of repose for many products liability claims, measured from the date the defendant sold the product. There are important exceptions, including certain situations involving a product’s warranted useful life and latent diseases caused by exposure to a product.
That means a defective-product case should not automatically be treated like a typical car accident or premises liability claim.
What if I was injured on the job?
Work-related injuries can involve a different set of deadlines and procedures under Texas workers’ compensation law.
In general, an injured employee must report a work-related injury to the employer within 30 days of the injury — or, in the case of an occupational disease, within 30 days of when the employee knew or should have known the condition might be related to employment. Failing to provide timely notice can result in losing workers’ compensation benefits, although exceptions may apply.
The Texas Department of Insurance also explains that an injured employee generally must file a DWC Form-041 with the Division of Workers’ Compensation within one year to protect the right to benefits.
If you were injured at work, do not assume the ordinary two-year personal injury deadline is the only deadline that matters. Promptly report the injury and understand which claims and benefits may apply.
When the clock is ticking on your claim, Guzman Law Firm can act fast on your behalf
The Texas statute of limitations for personal injury claims is one of the most important deadlines in a personal injury case — and one that should never be left until the last minute.
If an insurance company is delaying your settlement, you are still undergoing treatment, your injury was discovered later, or your case involves a government entity, defective product, or workplace accident, the applicable deadlines may be more complicated than they initially appear.
Guzman Law Firm can review the circumstances of your injury, help identify important deadlines, gather the information needed to evaluate your claim, and determine what steps may be necessary to protect your legal rights.
Do not wait until the statute of limitations is about to expire to find out whether you have a case. Call Guzman Law Firm as soon as possible at (956) 516-7198 to discuss your situation.
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