What is the Personal Injury Statute of Limitations in Texas?
In Texas, the personal injury statute of limitations is determined by Texas Civil Practice & Remedies Code Section 16.003. It states that civil actions for personal injury must be filed “not later than two years after the day the cause of action accrues.”
Exceptions to Texas’ 2 Year Statute of Limitations on Personal Injury Claims:
Two situations can create “exceptions” to the two-year statute of limitations rule for Texas personal injury claims.
- Suppose the injured party is a minor or of “unsound mind” at the time of the incident or accident that led to the injury. In that case, the two-year clock usually doesn’t start running until the minor turns 18 or the injured party of “unsound mind” at the time of the accident or incident becomes mentally competent.
- If the individual who allegedly caused the injury leaves the state during the two-year time period, the time the alleged injuring party is out of state is not counted as part of the two-year limitation statute.
What Happens If You File a Personal Injury Claim After 2-Years?
Sometimes plaintiffs file their Texas personal injury claim outside of the statute of limitations. They try to file their personal injury lawsuit after more than two years have passed since the original accident or injury occurred. When a plaintiff files a Texas personal injury after the two years have passed, the Defendant in the case will typically file a “motion to dismiss.” Unless the personal injury case calls for a rare exception entitling the plaintiff to extra time, the Defendant’s motion to dismiss will be granted. The court will summarily dismiss the case even if injuries are significant, and the Defendant’s liability is unarguable.
If you were injured in an accident or you have a Texas personal injury claim, don’t hesitate to call the experienced personal injury attorneys at Carrollton’s Hudson Law Firm. We put Personal back into Personal Injury Law.