Time is Limited to File Your Claim

Texas law generally gives you two years from the date of your injury to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). If you miss this deadline, you will generally lose your right to pursue compensation in court, regardless of how strong your case is.

A few situations can change this timeline:

• If the injured person was under 18 at the time of the incident, the two-year clock generally does not start running until they turn 18 (Tex. Civ. Prac. & Rem. Code § 16.001).
• If a government vehicle, agency, or property was involved, claims against government entities generally require formal notice within six months, not the standard two-year deadline.
• If the injured person is mentally incapacitated as a result of the injury, which can occur in serious catastrophic injury cases, the deadline may be tolled until they regain capacity.
• If the at-fault party leaves Texas after the incident, the time they spend out of state may not count toward the two-year limit.

Insurance companies know these deadlines, and some slow-walk negotiations hoping you'll run out of time. Don't wait. Schedule your free case evaluation with Ryan Orsatti Law today.