In Texas, the general statute of limitations for personal injury is two years from the date of the accident. That means you have 24 months — to the day — to file a lawsuit. Miss that deadline by even one day, and the courts will refuse to hear your case, no matter how strong it is.
But there are exceptions, complications, and traps that can shorten that window dramatically. Here's what every person injured in the Rio Grande Valley should know.
The Two-Year Rule — Texas Civil Practice & Remedies Code § 16.003
Texas law gives personal injury plaintiffs two years from the date of injury to file a lawsuit. This applies to most common claims:
Car accidents and truck accidents
Motorcycle accidents
Pedestrian and bicycle accidents
Slip and fall / premises liability
Dog bites
Product liability
Wrongful death (different deadline — see below)
Why You Should Never Wait Until the Last Minute
Some people hear 'two years' and assume they have plenty of time. They don't. Here's why:
Evidence disappears.
Skid marks fade. Surveillance footage gets overwritten in 30 days. Witnesses move and lose contact information. Medical records get harder to obtain. The longer you wait, the weaker your case gets — even if you're still within the deadline.
Insurance companies bank on your delay.
Every day you wait gives the insurance company more time to build their defense, talk to witnesses, and prepare their position. By the time you finally call an attorney, you may be playing catch-up on a case that's already been worked against you for months.
Settlement negotiations take time.
Most personal injury cases settle without going to court — but those negotiations can take months. If you wait until 23 months after your accident to call a lawyer, there may not be enough time to negotiate properly before the statute runs out.
Wrongful Death Cases — Same Two Years, Different Starting Point
If you've lost a loved one due to someone else's negligence, you also have two years to file a wrongful death claim — but the clock starts on the date of death, not the date of the underlying accident or injury.
Claims Against Government Entities — Much Shorter Window
If your injury involved a government employee or government property — a city bus, a county vehicle, a pothole on a city road — the deadlines are dramatically shorter.
Under the Texas Tort Claims Act, you may be required to give written notice to the government entity within just six months of the accident. Some municipalities require notice within as little as 90 days. Missing this notice deadline can permanently bar your claim, even if the two-year statute hasn't expired.
Minors and Incapacitated Persons
If the injured person is under 18 at the time of the accident, the two-year clock generally doesn't start until they turn 18 — meaning they have until their 20th birthday to file. There are similar tolling provisions for legally incapacitated persons.
The 'Discovery Rule' — Limited Application in Texas
In some narrow circumstances, the two-year clock doesn't start until you knew, or should have known, about the injury. This is called the discovery rule, and it applies most often in medical malpractice or toxic exposure cases. Texas courts apply it narrowly, so don't rely on it for a typical car accident case.
What Happens If You Miss the Deadline?
If you try to file a lawsuit after the statute of limitations has run, the defendant will move to dismiss your case — and they'll win. The court won't consider the merits of your case. It won't matter how badly you were hurt, how clearly the other driver was at fault, or how much your medical bills are. The case is over.
The Bottom Line
Two years sounds like a long time. It isn't. The longer you wait, the harder your case becomes to win — even if you're still technically within the deadline. If you've been injured in the Rio Grande Valley and you're not sure whether you have a case, the consultation is free.
Call Ortega Law at 956-GETHELP or visit 956GETHELP.COM. Serving Alamo, McAllen, Edinburg, Pharr, Mission, and all of Hidalgo and Cameron counties. Hablamos Español.