As a personal injury attorney serving clients in places like Starr, Cameron, and Hidalgo counties, I am frequently asked by clients what the statute of limitations is in Texas for personal injury cases.
The important thing to remember in any personal injury civil suit is that regardless of the statutory time limits, the personal injury lawyer that is hired will want as much time as possible to review medical records, gather evidence, and prepare his or her arguments. So the time to speak to a qualified personal injury lawyer is really as soon as practical after you recognize the injury. You should not, however, delay medical treatment because you are concerned with it affecting your case. Your medical records can be subpoenaed at a later time and an intentional delay in treatment on your part may adversely affect your claim.
Statute of Limitations in the State of Texas
The amount of time that you have to file a civil suit in Texas for a personal injury case is usually two years. Depending on the type of case, however, the two-year clock could begin at different points. In most cases, the statute of limitations countdown starts at the time of the accident or the date when you become aware of the injury—the two are not always the same.
- Medical Malpractice – Two years from the date of the procedure, misdiagnosis, or failure of the treatment
- Personal Injury – Two years from the date of the incident
- Product Liability – Two years from the date the product failed
- Wrongful Death – Two years from the date your spouse, child, or loved one died (not the date of the accident that led to their death
The bottom line is that the sooner you contact a TX personal injury attorney who handles your type of case, the better your chances of receiving full compensation for your medical bills, lost wages, and pain and suffering.