2025 Statute of Limitations Guide from a Houston Personal Injury Lawyer
If you’ve been injured and are thinking about hiring a personal injury lawyer in Houston, there’s one question that matters more than most: How much time do I have to sue?
In Texas, the general answer is two years. But just like insurance offers, it’s not always that simple—and if you miss the deadline, you miss your chance to recover anything at all.
Let’s walk through how the statute of limitations works in Texas, when that clock starts ticking, and what exceptions might apply to your situation.
What Is the Time Limit to File a Personal Injury Claim in Texas?
Texas law gives most personal injury victims two years from the date of the incident to file a lawsuit. This is written into the Texas Civil Practice and Remedies Code §16.003, and it applies to a wide range of cases:
- Car accidents
- Truck accidents
- Motorcycle or pedestrian crashes
- Slip and fall injuries
- Workplace accidents
- Dog bites
- Wrongful death
This two-year rule also applies if you’re filing on behalf of a loved one who died due to someone else’s negligence.
A Real Example: Why Two Years Isn’t as Much Time as You Think
A Houston resident was sideswiped by a distracted driver and sustained serious back injuries. The insurance company offered her a small settlement to “make it go away.” She planned to wait and see how her treatment went—maybe even hire a Houston personal injury attorney down the line.
But life got busy. She missed her window to file.
By the time she came to us, we had to tell her the harsh truth: the statute of limitations had expired, and she had lost her right to sue. That meant no compensation for her medical bills, missed work, or pain and suffering.
When the Clock Starts—and What Can Pause It
Typically, the countdown begins on the date of the injury or date of death.
However, there are exceptions to Texas’s two-year statute of limitations. Some of the most common include:
- Delayed discovery: If you didn’t realize you were injured right away (as with certain internal injuries or toxic exposure), the clock might start when the injury is discovered.
- Injured minors: If the injured person is under 18, the clock may not start until they turn 18.
- Mentally incapacitated individuals: The clock may pause until they regain capacity.
- Fraud or concealment: If the at-fault party deliberately hid what happened, you may have more time.
These exceptions are narrow—and you should never assume you qualify. Speak to a personal injury lawyer in Houston early to preserve your rights.
Why You Shouldn’t Wait
Even if you technically have two years, waiting can hurt your case.
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- Evidence can disappear
- Witnesses may forget details
- Medical records might not tell the full story
Plus, the longer you wait, the more power the insurance company has to lowball your claim. They know you’re up against a deadline—and they’ll use that pressure against you.
The Statute for Car Accidents in Texas
We often get asked, “Does the time limit change if it was a car crash?” In most cases, no. The statute of limitations for car accidents in Texas is also two years.
However, if a government vehicle was involved (e.g., city bus or fire truck), you might have only 6 months to file a notice of claim. That’s a separate—and shorter—deadline, and if you miss it, your case could be barred before it starts.
The Bottom Line: Deadlines Matter
If you were hurt in Texas and someone else was at fault, you need to act fast—even if you’re not sure you want to sue.
At Herbert Trial Law, we’ve helped countless clients across Houston who were confused about their rights, insurance deadlines, and the lawsuit process. We’ll help you figure out where your claim stands, what your next steps are, and how much time you have left.
Even if you’re not ready to file a lawsuit, let’s review your case now so you don’t lose your shot at justice later.
Don’t Wait and Wonder — Call a Personal Injury Lawyer in Houston Today
Herbert Trial Law offers a free case review for anyone dealing with an injury and unsure about the statute of limitations—or whether the insurance company’s offer is fair.
Click here to schedule your free review »
