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How Long Do You Have to File a Personal Injury Lawsuit in Texas?

If you’ve been hurt in a car, motorcycle, or truck accident, or suffered any kind of injury due to someone else’s negligence in Texas, you only have a limited time to take legal action. Missing that deadline could mean losing your chance to recover any compensation at all.

At Hildebrand & Wilson, LLP, we know how stressful life after an accident can be. Between medical bills, lost wages, and dealing with insurance adjusters, it’s easy to let legal deadlines sneak up. But understanding the Texas statute of limitations is crucial if you want to protect your rights.

What Is the Statute of Limitations?

A statute of limitations is a legal time limit. It tells you how long you have to file a lawsuit after suffering an injury. In Texas, the general rule is simple:

You have two years from the date of the accident to file a personal injury lawsuit.

This rule applies to most personal injury cases, including:

  • Car accidents
  • Motorcycle crashes
  • Trucking accidents
  • Slip and falls
  • Pedestrian accidents
  • Wrongful death cases (filed by family members)

Once those two years are up, courts will almost always dismiss your case—even if it’s strong.

When the Clock Starts Ticking

In most cases, the clock starts ticking on the date of the accident or injury. So if you were hit by a distracted driver on May 10, 2023, you generally have until May 10, 2025, to file your claim in court.

However, there are a few exceptions to the rule, and in some cases, the deadline may be extended or shortened.

Exceptions to the Two-Year Rule

Texas law allows for a few exceptions to the standard deadline, including:

1. Injuries to Minors
If the injured person is under 18 at the time of the accident, the two-year window may not begin until they turn 18. Parents can still file a claim earlier, though, especially for medical bills.

2. Discovery Rule
If you didn’t discover your injury right away—and couldn’t have known about it—a court may delay the start of the two-year clock. This is more common in medical malpractice or toxic exposure cases than in auto accidents.

3. Claims Against Government Entities
If you’re suing a city, county, or the state (such as for dangerous road conditions), you have to file a notice of claim much sooner—often within six months, and sometimes even less, depending on the local rules.

Why Acting Fast Is Always Better

Even though you might technically have two years, waiting is risky. Important evidence can disappear quickly after an accident:

  • Surveillance footage is deleted
  • Witnesses forget details or become unreachable
  • Vehicles are repaired or destroyed
  • Dangerous property conditions are fixed

At Hildebrand & Wilson, LLP, we start investigating as soon as we’re hired. We send letters to preserve evidence, gather reports, and build a strong case from day one. The earlier we can get involved, the better chance we have of protecting your full rights.

What If You’re Still Dealing with the Insurance Company?

A common mistake injured people make is waiting to see what the insurance company offers. Sometimes adjusters drag things out or make lowball offers, hoping the deadline will pass. Once the statute of limitations expires, you lose your leverage. The threat of a lawsuit is often what gets insurers to settle fairly.

If negotiations are still going on close to your deadline, we can file the lawsuit to preserve your rights while continuing to negotiate.

Don’t Let Time Run Out on Your Case

Whether you were injured in Pearland, Houston, or anywhere in Texas, the clock is ticking. Letting the deadline pass means walking away from compensation you may desperately need for medical bills, lost income, and emotional distress.

If you’re not sure how much time you have left, or if you’re already deep into the claims process, don’t guess. Let us review your case for free and help you understand your timeline.

Talk to a Pearland Personal Injury Lawyer Today

At Hildebrand & Wilson, LLP, we’ve helped thousands of accident victims across Texas. We know how to fight insurance companies, present solid evidence, and get results—whether through settlement or in court. And we’ll make sure no legal deadline is missed.

Call us at 281-557-6406 or fill out our online contact form today for a free consultation. We don’t charge anything unless we win your case.