Filing a Personal Injury Lawsuit

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

If you were hurt in an accident near the Gulf Freeway, at a Pasadena-area job site, or anywhere else in the greater Houston area, one question matters above all others right now: how long do you have to file a personal injury claim? The answer is not complicated, but missing the deadline means losing your right to recover compensation, no matter how strong your case is. At Gustin Law Firm, located in Houston, Texas, we help injured people understand their rights and take action before time runs out. This page, prepared under the supervision of attorney Gustin Law Firm counsel, is intended to give you accurate, current information about Texas filing deadlines so you can make informed decisions about your case.

Table of Contents

The Two-Year Deadline Under Texas Law

Texas sets a firm deadline for filing personal injury lawsuits. Under Texas Civil Practice and Remedies Code Section 16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues. In plain terms, the clock starts on the day you were hurt.

Say you were rear-ended on I-45 near the South Loop, or you slipped and fell at a grocery store in Pasadena. The two-year period begins on the date of that incident. If you do not file your lawsuit during the statute of limitations period, you will likely not be able to pursue your claim in court because the statute of limitations has expired. Courts apply this rule without sympathy, and defendants will raise it as a defense the moment they can.

What does “accrues” mean? It means the moment your legal right to sue is born. For most accidents, that is the date of the injury itself. The clock starts ticking the moment the injury occurs or the date you discovered the injury if it wasn’t immediately apparent. So if you were hurt on March 1, 2026, you generally have until March 1, 2028, to file a lawsuit in a Harris County court.

Two years can feel like plenty of time, but it disappears fast when you are dealing with surgeries, physical therapy, and mounting bills. Insurance companies know this, and they may drag out the claims process in hopes you miss the filing deadline. Do not let an insurer run out the clock on you. If you were injured anywhere in the Houston area, including near the Ship Channel, Hobby Airport, or along the Beltway 8 corridor, contact a personal injury lawyer at Gustin Law Firm as soon as possible.

When the Two-Year Clock Might Be Paused or Extended

Texas law recognizes that some injured people cannot file a lawsuit right away. In those situations, the statute of limitations can be “tolled,” meaning paused. Tolling provisions are narrow, and courts apply them strictly, but they do exist.

Under the Texas Civil Practice and Remedies Code, the limitations period is tolled for persons under 18 years of age, regardless of their marital status, and individuals of “unsound mind.” For these protected parties, the two-year countdown does not begin until the minor turns 18 or the person of unsound mind regains mental capacity. So if a child was injured at a Pasadena playground or school, the two-year clock would not begin running until that child’s 18th birthday. That said, waiting is rarely wise. Evidence fades, witnesses move away, and memories become unreliable.

Under the federal Servicemembers Civil Relief Act, the statute of limitations may be tolled for individuals on active military duty. This protects service members who cannot reasonably pursue a civil claim while deployed.

Sometimes, a negligent party will move out of Texas after causing an accident, making it more difficult for victims to serve them with a lawsuit. Under Texas law, if a defendant leaves the state before a lawsuit is filed, the statute of limitations may be paused during the period they are out of state. The time they spend outside Texas does not count against the two-year deadline, ensuring that a defendant cannot evade liability simply by relocating. This is codified in Texas Civil Practice and Remedies Code Section 16.063.

These exceptions are genuinely rare. Never assume one applies to your situation without speaking to an attorney first. If you believe any of these circumstances affect your case, call Gustin Law Firm right away. We handle personal injury cases throughout Houston and the surrounding communities, including Pasadena, Deer Park, and La Porte.

Special Deadlines for Claims Against Government Entities

If your injury involved a government-owned vehicle, a city bus, a pothole on a Houston public road, or an accident on property owned by a public entity, different rules apply. You do not simply have two years to file. You must act much faster.

If your personal injury claim is against a governmental entity in Texas, you must file a notice of claim within six months of the incident. The actual lawsuit must still be filed within two years. This requirement comes from Texas Civil Practice and Remedies Code Section 101.101, which is part of the Texas Tort Claims Act.

Some cities and counties require even shorter notice periods, sometimes as brief as 30 to 90 days. Failure to provide proper notice typically bars your claim entirely. If you were hurt near Houston’s Metro light rail system, in a Harris County facility, or on a public school campus in Pasadena ISD, you may be dealing with a government entity. The City of Houston and Harris County each have their own notice requirements, and getting the details wrong can destroy your case before it starts.

It is also important to understand what the Texas Tort Claims Act allows you to recover. The Texas Tort Claims Act caps damages against the State of Texas and other government entities at $250,000 per person and $500,000 per incident for most claims. These caps are a real limitation on your recovery, which is why building the strongest possible case from day one matters so much. Gustin Law Firm understands how the Texas Tort Claims Act works and can help you meet every notice requirement before the deadline passes.

The Discovery Rule and Delayed Injury Cases

Not every injury shows up the day an accident happens. Some injuries, like traumatic brain injuries, internal organ damage, or conditions caused by toxic exposure, take weeks or months to become apparent. Texas law has a limited answer for these situations: the discovery rule.

In some cases, injuries are not immediately noticeable, and victims may not be aware they have suffered harm until weeks, months, or even years after an accident. This commonly applies to toxic exposure, internal organ damage, medical malpractice, and delayed-onset injuries like traumatic brain damage. In such cases, the statute of limitations does not begin on the date of the accident but instead when the injury is reasonably discovered or when the victim should have discovered it.

Proving that an injury was not reasonably discoverable at the time of the accident can be challenging, and courts often require strong medical and expert testimony to justify the delay. The discovery rule is not a free pass. If a reasonable person in your situation should have known something was wrong, the clock starts then, not when you personally decided to investigate.

There is also a separate rule for wrongful death cases. A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person. This matters when someone survives an accident for days, weeks, or months before passing away. Under Texas Civil Practice and Remedies Code Section 71.021, a personal injury cause of action also survives to the heirs and estate of the injured person, meaning the claim does not simply disappear when the victim dies.

If you or a family member experienced a delayed diagnosis after an accident in the Houston area, including along the Highway 225 corridor or near the refineries in Deer Park, do not assume your time has run out. Call Gustin Law Firm to find out exactly when your clock started and how much time you have left.

Why Waiting Hurts Your Case, Even Within the Deadline

Filing before the two-year deadline is the minimum requirement. Waiting until the last minute to act is a strategy that benefits the other side, not you. The quality of your case depends heavily on the evidence collected in the days and weeks after an accident.

Prompt medical care protects your health and documents your injuries for legal purposes. Medical records created immediately after an accident carry significant weight in personal injury claims. If you delay treatment, the defense will argue that your injuries were not serious or were caused by something else entirely.

Witness memories fade quickly. Surveillance footage from businesses along the Gulf Freeway, Beltway 8, or in Pasadena shopping centers gets overwritten within days. Police reports, accident scene photographs, and physical evidence all become harder to preserve as time passes. The Texas statute of limitations encourages victims to file claims quickly after an accident, making it easier to preserve critical evidence and establish liability.

Texas also follows a modified comparative fault rule. Under the 51% rule codified in the Texas Civil Practice and Remedies Code, you can recover damages only if you’re less than 51% responsible for your injury. Your compensation is reduced by your percentage of fault. The longer you wait, the more time the other side has to build a narrative that shifts blame onto you. Acting quickly gives your attorney the chance to gather the evidence needed to counter those arguments before they take hold.

Gustin Law Firm handles personal injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Please note that litigation expenses and court costs may still apply and will be discussed with you before we proceed. Our principal office is in Houston, Texas, and we are ready to evaluate your case at no cost to you. Do not let delay become the reason you lose your right to compensation.

FAQs About How Long You Have to File a Personal Injury Claim in Texas

How long do I have to file a personal injury claim in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003(a), you have two years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to seek any compensation, regardless of how strong your evidence is.

Does the two-year deadline apply to car accidents, slip and falls, and other types of cases?

Yes. The two-year rule applies to most personal injury cases in Texas, including car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall incidents, and premises liability claims. Some cases, like medical malpractice or claims against government entities, have additional requirements that can shorten the time you have to act, so it is important to speak with an attorney about your specific situation as soon as possible.

What happens if the injured person is a child?

Texas law tolls, or pauses, the statute of limitations for minors. The two-year clock does not start running until the child turns 18, under Texas Civil Practice and Remedies Code Section 16.001(a)(1). However, waiting until a child turns 18 is rarely advisable. Evidence disappears, witnesses become unavailable, and the case becomes much harder to prove. A parent or legal guardian can file a claim on behalf of a minor child right away, and doing so protects the child’s interests far more effectively than waiting.

What if my injury was caused by a city bus or a government vehicle in Houston?

Claims against government entities in Texas are governed by the Texas Tort Claims Act. You must file a formal notice of claim within six months of the incident, and some local governments require notice within as little as 30 to 90 days. Failing to provide proper notice on time can bar your claim entirely, even if the two-year lawsuit deadline has not yet expired. If your injury involved any government-owned vehicle or public property in Houston or Harris County, contact Gustin Law Firm immediately.

I just found out my injury was caused by someone else’s negligence. Is it too late to file?

It may not be. Texas recognizes the discovery rule, which can delay the start of the two-year clock in cases where the injury was not immediately apparent and could not have been discovered through reasonable diligence. This applies in situations involving toxic exposure, delayed-onset conditions, and certain medical injuries. Courts apply this rule narrowly and require strong medical evidence to support it. The best way to find out whether the discovery rule applies to your situation is to speak with an attorney right away, before assuming your time has run out.

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