Personal Injury Statute of Limitations explained — know how long you have to file a claim, key exceptions, and why acting fast protects your right to compensation.
When you’re injured in an accident caused by someone else’s negligence, you have the right to recover compensation for your medical expenses, lost wages, and other losses. However, you can’t wait forever to pursue legal action. Every state enforces a strict deadline called the statute of limitations that dictates how long you have to file a personal injury lawsuit.
Miss this deadline, and you forfeit your right to seek compensation — even if you have strong evidence proving another party is responsible for your injuries. Understanding how the statute of limitations works and its exceptions can help protect your right to recover the compensation you deserve.
What Is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time you have to initiate legal proceedings after an accident or injury. This deadline exists to ensure justice is served while evidence remains fresh and reliable. As time passes, crucial evidence can deteriorate or disappear entirely, witnesses may move away or forget important details, and it becomes increasingly difficult to prove what happened.
Most personal injury claims in Texas have a two-year statute of limitations. This means you must file a lawsuit within two years of your accident, or you lose your right to sue altogether. However, exceptions can apply that give you more time, such as if you don’t discover your injuries until later.
Personal Injury Statute of Limitations by State
The statute of limitations varies significantly from state to state. While most states allow between two and three years to file a personal injury lawsuit, some give you much less time, and others are more generous.
One-Year States
Some states give injury victims just one year to take legal action. These states include:
Kentucky, Louisiana, and Tennessee enforce one-year deadlines for most injury claims. That means if you’re hurt in a car accident in Louisiana, you must act quickly to protect your rights — even if you live in a state with a longer deadline.
Two-Year States
Many states, including Texas, allow two years to file a lawsuit. This deadline applies to most types of personal injury claims, from car accidents and slips and falls to medical malpractice and wrongful death.
For example, if you sustain injuries in a San Antonio truck accident on January 1, 2025, you typically have until January 1, 2027, to file a lawsuit. After this date, the court will likely dismiss your case, regardless of its merit.
Three-Year States and Beyond
Some states are more generous with their filing deadlines. New York allows three years for most injury claims, while Maine and North Dakota give injury victims up to six years to file suit.
However, having more time isn’t always better. Evidence can vanish quickly after an accident, and insurance companies often employ delay tactics during negotiations, hoping to run out the clock on your claim.
Understanding Exceptions to the Statute of Limitations
While statutes of limitations are typically strict, courts recognize that applying a rigid deadline isn’t always fair. Several exceptions can extend or pause the filing deadline:
The Discovery Rule
Sometimes, injury victims don’t realize they’re hurt right away. Other times, they might know they’re injured but not understand that someone else’s negligence caused their injuries. The discovery rule addresses these scenarios by starting the clock when you discover — or reasonably should have discovered — your injury.
For example, exposure to toxic chemicals might not cause immediate symptoms. You might work with what you believe is a safe product for years, only to develop complications later and learn the manufacturer knew about the risks but failed to warn users. In this case, the statute of limitations might not begin until you discover your injury and its link to the product.
Claims Involving Minors
If you sustain injuries before turning 18, the statute of limitations typically pauses until your 18th birthday. After that, the standard deadline applies. Using Texas as an example, if you’re injured at 16, you would have until your 20th birthday to file a lawsuit — two years after becoming a legal adult.
Mental Incapacity
The statute of limitations may pause if you’re mentally unable to understand your legal rights, such as if you’re in a coma after an accident or suffer a severe brain injury. The clock typically resumes once you regain capacity.
Government Claims
Claims against government entities often have special rules and shorter deadlines. In Texas, you must notify the government of your intent to sue within six months of your accident, even though the standard two-year statute of limitations still applies.
Out-of-State Defendants
If the person responsible for your injuries leaves Texas or cannot be found, the statute of limitations may pause until they return or are located. However, this exception typically doesn’t apply if you can still serve them with legal papers through their insurance company or registered agent.
Why You Shouldn’t Wait to File Your Personal Injury Claim
While the statute of limitations gives you time to pursue legal action, waiting to start the process is risky. Here’s why:
Evidence disappears quickly after an accident. Security footage gets deleted, skid marks fade, and witnesses move away or forget crucial details. The sooner you begin your claim, the better chance you have of preserving evidence that could prove critical to your case.
Insurance companies also use various tactics to delay claims, hoping you’ll accept a lowball settlement offer or miss the filing deadline. While negotiations are ongoing, you must leave enough time to file a lawsuit if talks break down.
Complex cases involving multiple liable parties or severe injuries also take time to investigate and build. Your attorney needs time to gather evidence, consult experts, and calculate your future damages to ensure you receive fair compensation for all your losses.
If you’ve been injured in an accident, don’t wait to seek legal advice. A personal injury attorney can evaluate your case, identify all applicable deadlines, and ensure you don’t lose your right to compensation because you waited too long to file.
FAQs: Personal Injury Statute of Limitations
1. How long do I have to file a personal injury claim?
The time frame varies by state. In Texas, you have 2 years from the accident. Missing this deadline can mean losing your chance for compensation.
2. What if I discover my injury later?
If you didn’t know about your injury right away, you might have more time. The clock starts when you find out. This rule helps ensure fairness.
3. Do minors get more time to file claims?
Yes, if you were under 18 when injured, you get extra time. In Texas, you have until you’re 20 to file. This gives you more time to prepare.
4. Can I sue if the at-fault person leaves the state?
Yes, you can sue even if the person is gone. The clock stops if they can’t be found. It starts again when they return or can be legally served. This protects your right to sue.
5. What happens if I wait too long to sue?
Waiting too long means your case will likely be dismissed. Even with strong evidence, you won’t win after the deadline. It’s best to act quickly.