How Long Do You Have to File a Personal Injury Lawsuit?
Time limits on personal injury lawsuits catch many people off guard. Every state sets strict deadlines, and missing them can mean losing your right to file. These rules vary depending on how the injury happened and who was involved. Acting promptly can make all the difference.
At the Law Office of Frederick K. Wilson II, we help injured individuals across Houston, Texas, understand their legal rights and timelines. We know how confusing it can be to figure out when to file and what steps to take. Our goal is to make the legal process clearer so you can focus on recovery. If you’re dealing with the aftermath of a serious accident, our Texas personal injury lawyer is here to help guide you forward.
Texas Statutes of Limitations for Personal Injury Cases
A statute of limitations is the legal deadline for filing a lawsuit. In personal injury cases, this period typically starts from the date of the incident. If you miss the deadline, the court may dismiss your case completely. This makes it critical to know how long you have to file.
Deadlines vary by state. For instance, in Texas, the limit is two years from when the injury occurs, according to the Texas Civil Practice & Remedies Code § 16.003. Some cases allow more time if the injury wasn’t discovered right away. Every situation requires careful attention to the timeline.
These deadlines are firm, and courts rarely make exceptions. Even if your injuries are severe, filing too late can permanently close the door on your legal options. That’s why prompt action is so important.
How State Laws Affect Filing Deadlines
Statutes of limitations aren’t the same across the country. Where your injury happened plays a major role in how much time you have to take legal action. Some states offer more time, while others are stricter.
In certain places, victims may have as little as one year to file. Other states allow up to three or more. These laws are specific and leave little room for delay. If you were injured in a different state from where you live, the location of the injury usually controls.
For this reason, we typically recommend that clients confirm deadlines as early as possible. Personal injury claims can quickly become time-barred if location-specific rules aren’t followed.
Exceptions That Can Pause or Extend the Deadline
Some legal situations allow the statute of limitations to pause. These are called tolling exceptions and usually apply in rare or unique circumstances. Knowing when an exception might apply can help preserve your right to file.
Common exceptions include:
Delayed discovery of harm: The timeline may begin when the injury is discovered, not when it happened.
Minor plaintiff: If the injured person is a child, the clock may not start until they reach adulthood.
Defendant unavailable: The deadline might be paused if the person you’re suing leaves the state or can’t be located.
Even with these exceptions, courts apply them narrowly. It’s still better to assume the standard deadline applies unless a lawyer advises otherwise.
Filing Deadlines for Different Types of Personal Injury Cases
Not all personal injury claims follow the same deadline. Depending on the situation, you could have more or less time to file. Some types of claims are governed by specific laws with different filing rules.
Here are examples of how timeframes can vary:
Medical malpractice: These cases often have shorter statutes of limitations or require that you provide formal notice to the provider before filing.
Slip and fall injuries: These generally follow the standard personal injury timeline but may involve additional rules under premises liability law.
Car accidents: If a government vehicle or employee was involved, your timeline to file may be shorter and subject to additional procedural steps.
Attorney Frederick K. Wilson has helped clients evaluate filing windows for all types of personal injury claims. Knowing what kind of claim you’re filing is key to understanding your deadline.
When the Clock Starts on a Personal Injury Case
In most cases, the clock starts ticking on the day of the injury. However, that isn’t always the case. Sometimes, injuries aren’t obvious right away, or the full impact isn’t clear until later.
Courts often use the “discovery rule” to address these situations. This means the statute of limitations begins when the injury is discovered or should reasonably have been discovered. It applies most often in medical or toxic exposure cases.
Even if you’re unsure when the harm occurred, it's best to speak with a lawyer quickly. Time limits can still apply, even when the facts are unclear.
Special Rules for Claims Against Government Entities
Filing a claim against a government body brings added urgency. These cases often involve shorter deadlines and extra requirements before you can sue. Waiting too long can make it impossible to pursue your case.
Most states require that you give notice to the agency first. This typically must happen within just a few months of the incident. If this notice isn’t submitted correctly or on time, your claim may be rejected outright.
These rules apply to injuries involving city property, public schools, or government employees. When any government entity is involved, immediate action is crucial.
Why Filing Early Can Benefit Your Case
Acting quickly does more than meet a deadline. It can actually strengthen your case. The sooner you begin the process, the easier it is to gather important documents and evidence.
Starting early gives your attorney more time to review medical records, locate witnesses, and preserve critical details. Delays often lead to missing or incomplete information, which can weaken your position in negotiations or court.
Here are some practical advantages of early filing:
Better evidence: This can include records and physical evidence that are easier to obtain soon after the injury.
Stronger witness testimony: Memories fade, and early statements tend to be more accurate.
More legal options: Acting quickly opens the door to settlement or full litigation, depending on what’s best.
While deadlines are the legal minimum, acting early can put you in a better position for the long run.
What Happens if You File After the Deadline?
Filing too late can stop your personal injury lawsuit before it ever gets started. In most cases, courts will dismiss the case, even if your injuries are serious or your evidence is strong.
Once a case is dismissed due to the statute of limitations, you typically have no right to refile. There are very few options once the deadline has passed. This is true even if the defendant was clearly at fault.
Missing a deadline can cost you the chance to recover for medical bills, lost wages, or pain and suffering. That’s why timing is just as important as evidence.
How to Calculate Your Filing Deadline Accurately
Determining your deadline can be harder than it seems. It requires looking at the date of the incident, the type of injury, the parties involved, and where it happened. One detail can shift the entire timeline.
To avoid mistakes, it’s helpful to collect and review basic information:
Date of injury: This usually starts the statute of limitations clock.
Location of injury: State laws vary widely, and local rules may apply.
Type of claim: Some claims, like medical malpractice, have different rules.
Calculating your deadline correctly is one of the first and most important steps in a personal injury case. That leads directly into the final step, deciding how to move forward.
Contact Our Injury Attorney Today
At the Law Office of Frederick K. Wilson II, we serve clients in Houston, Sugarland, and the surrounding areas with guidance on personal injury claims and deadlines. We know timing matters and will support you through every step. If you have a personal injury case or questions about filing deadlines, contact us today for a consultation.