When you’re injured in an accident, your first focus is likely on recovery. However, there’s one legal detail that can impact your ability to receive compensation: the statute of limitations. In Texas, this deadline varies depending on the type of personal injury claim, and missing it can mean forfeiting your right to file a lawsuit entirely. This blog post from Eric Ramos Law PLLC will break down the statute of limitations for various personal injury claims in Texas, including car accidents, slip-and-falls, product liability, and more—so you know exactly what timeframes you’re working with.
What Is the Statute of Limitations?
The statute of limitations is the legal timeframe you have to file a lawsuit after an injury or accident. These laws are designed to ensure that legal claims are pursued while evidence is still fresh. In Texas, this timeframe is governed by Title 2, Subtitle B, Chapter 16 of the Texas Civil Practice and Remedies Code.
Generally, most personal injury claims in Texas must be filed within two years of the date the injury occurred. However, this is not a one-size-fits-all deadline. Let’s explore the specifics by injury type.
1. Car Accidents
Statute of Limitations: 2 years from the date of the accident.
Whether you were hit as a pedestrian, in a rideshare vehicle, or by a distracted driver, the two-year deadline applies. It’s important to act quickly—delays can make it harder to gather witness testimony, police reports, and medical records.
If you’re filing against a government entity (e.g., a city bus driver caused your injury), you must first file a notice of claim, typically within 6 months of the accident. Different municipalities may have shorter deadlines, so consult an attorney promptly. You can learn more by reading our guide on what to do after a rideshare accident.
2. Truck Accidents and Commercial Vehicle Crashes
Statute of Limitations: 2 years
These cases often involve multiple parties—drivers, employers, and trucking companies—and require significant investigation. Working with a Texas personal injury lawyer ensures that evidence like dashcam footage and electronic logging data are preserved in time. For more on this, see how we help after a trucking accident.
3. Slip and Fall / Premises Liability
Statute of Limitations: 2 years
Injured due to a wet floor or uneven sidewalk in a public or private space? You’ll still need to act within the standard 2-year period. But don’t wait until the last minute—premises liability claims depend heavily on visual evidence and maintenance logs that may disappear with time. For a deeper dive, check out how weather impacts liability in Texas.
4. Work Injuries (Non-Subscribers and Third Parties)
Texas doesn’t require all employers to carry workers’ compensation. If your employer is a non-subscriber, you may pursue a personal injury claim.
- Workers’ Comp Claim: Report within 30 days and file within 1 year
- Personal Injury Lawsuit (Non-Subscriber or 3rd Party): 2 years
Understanding how the statute of limitations intersects with workplace claims is essential. Read our article on back injury settlements without surgery to explore related timelines and strategies.
5. Medical Malpractice
Statute of Limitations: 2 years, but with key nuances:
- The clock starts on the date of the injury or when it was discovered
- There is a hard 10-year statute of repose—even if you don’t discover the injury until later, claims must be filed within 10 years of the malpractice event
- For minors, the two-year clock starts on the child’s 18th birthday, but is still subject to the 10-year maximum
Texas also requires an expert report from a medical professional early in the case, so these claims demand fast legal action.
6. Product Liability
Statute of Limitations: 2 years from the date of injury, and subject to a 15-year statute of repose
This applies to injuries caused by defective machinery, pharmaceuticals, or consumer products. If you believe a product defect caused your injury, don’t discard it—preserve the evidence and seek legal advice right away. For additional context, read about common personal injury claim mistakes.
7. Wrongful Death
Statute of Limitations: 2 years from the date of death, not the injury.
These cases are filed by close family members—typically a spouse, children, or parents—when a loved one passes away due to another party’s negligence. If you’re unsure of the process, our wrongful death lawyer guide can help.
If your family member’s accident occurred years ago but death occurred recently, your clock may just be starting. Act quickly to determine your eligibility to file.
8. Assault, Battery, and Other Intentional Torts
Statute of Limitations: 2 years
Intentional torts include assault, battery, or emotional distress caused by another individual. Criminal charges may be filed separately, but your civil claim must still follow the two-year rule.
Exceptions That Could Extend or Pause the Clock
Texas law does allow certain exceptions where the statute of limitations can be tolled (paused):
- Minor victims: If the injured party is under 18, the statute begins once they reach legal adulthood
- Mental incapacity: The clock may pause if the victim is deemed mentally unfit
- Fraudulent concealment: If the at-fault party intentionally hid wrongdoing
- Discovery Rule: In cases where the injury wasn’t immediately apparent (e.g., surgical tool left in body)
While exceptions exist, don’t count on them saving your case. Always consult a lawyer to be sure.
Visual Guide: Statute of Limitations and Repose Across Injury Types
Understanding deadlines can be overwhelming, especially when different claims have overlapping rules. The chart below compares statute of limitations and statute of repose timelines across common Texas personal injury claims—so you can easily see what applies to your situation.
Why Timeliness Matters in Personal Injury Cases
Failing to file within the statute of limitations doesn’t just reduce your compensation—it kills your case entirely. Insurance companies know this and often delay negotiations hoping the clock will run out. Filing early gives your attorney time to:
- Investigate and collect evidence
- Negotiate with insurers
- Prepare for litigation if necessary
Need more clarity on what happens if your case goes to court? Read this helpful guide comparing settlements vs. trial verdicts or check this news article by Forbes, which breaks down how statute laws vary by state.
Final Thoughts: Know Your Window of Opportunity
Every personal injury claim has an expiration date in Texas. Knowing yours—and acting before it expires—is the first step in securing justice.
At Eric Ramos Law PLLC, we’ve helped countless clients in San Antonio and beyond file claims on time and fight for maximum compensation. Our team is available for a free consultation to assess your case and ensure you don’t miss any legal deadlines. If you’re unsure where to start, our personal injury resources page offers plenty of helpful articles.
Contact Eric Ramos Law PLLC
- Address: 7979 Broadway #207, San Antonio, TX 78209
- Phone: (210) 404-4878
- Website: ericramoslaw.com
Reach out today—and let’s make sure your claim gets the attention it deserves, while the clock is still ticking.