Personal injury Library

What Is the Statute of Limitations in a Texas Personal Injury Case?

For any kind of case where a person can be sued there is a short window of time during which the case is viable. After that window closes, the case can no longer be pursued. This deadline is called the statute of limitations.

Each state chooses how long someone has to file for a particular type of case; for example, a breach of contract case may have a different window of time than a medical malpractice case. So what is the window of time that the State of Texas has chosen for personal injury cases?

Answer: The statute of limitations for a Texas personal injury case is 2 years.

Where Does the Statute of Limitations Come from?

As the name implies, the statute of limitations is a statutory law. That means it is a piece of law enacted by the Texas Legislature and codified in the Texas Civil Practices and Remedies Code.

The Rule

Here is the actual statute which lays out the rule:

(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.

Tex. Civ. Prac. and Rem. Code § 16.003

As you can see, the code is fairly straightforward. For a handful of different kinds of cases, including personal injury cases, Texas law says you only have a 2-year window in which to file suit.

Don't Wait - File Suit Soon

A statute of limitations is generally inflexible. While there are exceptions, Texas courts typically enforce the statute of limitations quite harshly. As such, if you have been injured and are thinking of pursuing a case the time to do so is now. The sooner you file suit, the sooner you stop the statute of limitations in its tracks. Call our office for a free consultation, and we will gladly discuss your case with you.

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