Legal Question in Personal Injury in Texas

Re: Statute of limitations on personal injury

The general rule in TX is that a claim such as you describe must be brought within 2 years of its occurrence. There may be exceptions, however, as you can see from the law cited below.

If you think you may fall within one of the exceptions, Email us for further no-cost/obligation consultation with our TX attorney.

SUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS

� 16.001. Effect of Disability

(a) For the purposes of this subchapter, a person is under a legal disability if the person is:

(1) younger than 18 years of age, regardless of whether the person is married; or

(2) of unsound mind.

(b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.

(c) A person may not tack one legal disability to another to extend a limitations period.

(d) A disability that arises after a limitations period starts does not suspend the running of the period.

� 16.003. Two-Year Limitations Period

(a) Except as provided by Sections 16.010 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.

(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.