Critical Deadlines That Can Kill Your Injury Case
You may have clear proof that someone caused your injury. Yet missing a legal deadline can still put your right to payment at risk. Medical bills, missed work, and talks with an insurer can make it easy to lose track of time.
In Texas, you generally have two years to file a personal injury lawsuit after your claim accrues. This means the date your legal claim begins. For many accident claims, that is the day you were hurt. This time limit is called the statute of limitations. Some claims follow different rules.
You may also face much shorter deadlines. A claim against a Texas government unit generally requires notice within six months, and some local rules may require notice sooner.
Other delays can weaken your case before the filing period ends. Video may be erased. Witnesses may forget key facts. Court deadlines can affect which proof you can use.
This guide explains the critical deadlines in personal injury cases, when the clock may start, and what to do if time is running out.
What Deadlines Can Put Your Injury Case at Risk?
Your case may have more than one deadline. One sets the time to sue. Others cover notice, court tasks, or proof. Meeting one does not mean you have met them all.
Here are the main dates and steps to check:
| Deadline or step | General rule | What you could lose |
| Texas injury lawsuit | Generally two years after the claim accrues | Your right to recover through a lawsuit |
| Texas government claim notice | Generally six months; some local rules require earlier notice | Your ability to pursue the claim |
| Insurance notice | Check your policy’s terms | Coverage may be disputed |
| Evidence preservation | Act early; storage times vary | Video, vehicle data, or other key proof |
| Court deadlines | Follow court rules and your case schedule | The right to use certain evidence |
| Special injury claims | Separate laws may apply | Your claim or access to benefits |
Texas law sets the general personal injury claim deadline at two years. Government notice is a separate step with its own rules. Don’t treat either period as a reason to wait.
Which Deadline Applies to Your Case?
Start with three questions:
- Who caused the injury? A private driver and a government worker may fall under different rules.
- What type of claim do you have? A crash, medical error, or work injury may involve different deadlines.
- Has a lawsuit been filed? Once a case starts, court rules and orders add more dates to track.
For example, Texas workers’ compensation generally requires you to notify your employer within 30 days and file a claim within one year. Those steps differ from filing a lawsuit against a person who caused your injury.
A personal injury deadline checklist can help you track dates. Check each date for your claim, since the wrong starting date or rule can cause you to miss a deadline.
How Long Do You Have to File a Personal Injury Lawsuit in Texas?
For most Texas injury claims, you have 2 years from when the claim accrues to file a lawsuit. This rule comes from Texas Civil Practice and Remedies Code § 16.003. Some claims have different time limits.
The General Two-Year Statute of Limitations
The Texas personal injury statute of limitations generally applies to claims from:
- Car, truck, and motorcycle crashes.
- Pedestrian accidents.
- Slip-and-fall injuries.
- Other harm caused by someone’s careless acts.
The deadline applies to starting the lawsuit, not to settling it or going to trial. A case filed on time may continue after the two-year period ends.
For example, if a standard crash claim accrues on June 10, 2026, its two-year anniversary is June 10, 2028. Confirm the exact filing date, since special laws and rules for counting time can affect it.
When Does the Filing Clock Start?
The legal term is accrual of a cause of action. In plain English, this is when your legal claim begins.
In many accident cases, the clock starts on the day you were hurt. Learning later that your injury is worse than you thought does not, by itself, give you a new two-year period.
A wrongful death filing deadline in Texas starts from a different point. Under § 16.003(b), that claim generally accrues on the injured person’s date of death.
Other rules may affect the start date or pause the clock. These exceptions need a close review of the facts.
What Happens If You File Too Late?
The person you sue may raise a statute-of-limitations defense. This means they ask the court to reject your claim because you waited too long.
If the defense succeeds, the court may end your case even if you have strong proof of fault. You could lose the chance to recover money for medical bills, lost pay, and pain.
A missed personal injury filing deadline needs prompt legal review. Do not assume an exception applies, but do not rule out your claim without having the dates and facts checked.
Does Filing an Insurance Claim Stop the Lawsuit Deadline?
Filing an insurance claim generally does not stop the clock on your injury lawsuit. You can have an open claim and still run out of time to sue.
Insurance Claims and Lawsuits Are Different
An insurance claim asks an insurer to pay for a covered loss. A lawsuit asks a court to resolve your claim against another party.
Reporting a crash, getting a claim number, or sending medical records does not replace filing a lawsuit. Texas law generally requires you to bring your injury suit within two years after the claim accrues.
For example, an adjuster may still be reviewing your bills as the filing date draws near. That review does not, by itself, give you more time to sue.
Do Settlement Talks or Demand Letters Extend the Deadline?
Ordinary settlement talks generally do not extend the filing deadline. Neither does a routine demand letter asking the insurer to pay.
Do not assume the clock has stopped because an adjuster:
- Asks for more records.
- Says an offer is coming.
- Reviews your demand.
- Continues to discuss payment.
A tolling agreement may pause or extend a deadline under its terms. Have a lawyer review any such agreement before relying on it. Some special laws also toll certain notices, but a standard demand letter is not the same as a statutory notice.
An insurer’s settlement offer expiration date is another separate date. It does not set or replace your lawsuit deadline.
When Should You Notify Your Insurer?
Check your policy’s notice and cooperation requirements and report the accident promptly. Do not assume every policy gives you the same number of days.
Keep copies of your notice, claim number, and messages. Late notice can lead to a coverage dispute, though its effect depends on the policy and applicable law.
Also, distinguish your deadlines from the insurer’s. Texas has rules for how insurers must handle certain claims. Those claim-handling rules do not replace your deadline to file an injury lawsuit.
Was a Government Vehicle, Employee, or Property Involved?
If a government unit may be at fault, check the notice rules right away. A crash with a city truck or an injury on public property m: Requires steps beyond filing a lawsuit.
Texas Government Notice: Requires more than
The Texas Tort Claims Act governs certain injury claims against Texas government units. It does not allow a lawsuit for every injury linked to public property or a government worker.
Under Texas Civil Practice and Remedies Code § 101.101, a government unit generally must receive notice within six months of the incident. The notice must reasonably describe:
- The injury or damage claimed.
- When and where the incident took place.
- What happened.
The law also recognizes certain notice rules for cities. An applicable city charter or ordinance may require notice sooner. Check the rule for the specific government unit involved.
This government injury claim notice deadline is separate from the deadline to sue. Sending notice does not replace filing your lawsuit on time.
Does a Police Report Count as Notice?
Do not assume it does. The law includes an actual notice exception, but whether it applies depends on what the government knew.
A police report or an employee’s knowledge of an accident does not automatically prove that the legal notice requirement was met. Have those facts reviewed before relying on this exception.
Claims Against the Federal Government
An injury caused by a federal employee may fall under the Federal Tort Claims Act (FTCA). This process differs from a claim against a Texas city or county.
Two key time limits generally apply:
| Required step | General deadline |
| Present a written administrative claim to the proper federal agency | Within two years after the claim accrues |
| File a lawsuit after the agency issues a final denial | Within six months after the denial notice is mailed |
These limits come from 28 U.S.C. § 2401(b).
Standard Form 95 (SF-95) is commonly used to present the claim. The claim must meet federal requirements, including demanding a specific dollar amount.
Under 28 U.S.C. § 2675(a), you generally must complete the required agency process before filing suit. If the agency has not made a final decision within six months, the law generally allows you to treat that delay as a denial and proceed. This is called administrative exhaustion.
Do not apply the ordinary Texas filing rule to a federal claim without checking these separate steps.
Why Can Waiting Cost You Evidence Before the Filing Deadline?
You can lose key proof long before your time to sue runs out. Video may be erased, damaged parts may be discarded, and witnesses may forget details. Acting early helps protect the facts you need.
Video, Vehicle Data, and Physical Evidence
After a crash or fall, useful proof may include:
- Store or parking lot surveillance footage.
- Dashcam video and scene photos.
- Damaged vehicles, tires, or other parts.
- A truck’s electronic logging device (ELD) records.
- Crash data from a vehicle’s event data recorder (EDR).
No single surveillance footage retention period applies to every business. Some systems overwrite old files on a set cycle. Vehicle repairs or disposal can also make later checks harder.
If a vehicle may hold key proof, ask about an inspection before it is repaired, sold, or scrapped. Do not assume an insurer or repair shop will keep it for your case.
Witnesses and Medical Documentation
Get witness names and contact details as soon as you can. Early notes can help preserve what they saw before memories fade.
Seek care based on your symptoms and medical needs. Tell your health care provider how the injury happened, and keep records of your visits, bills, and work limits.
Delayed medical treatment and unexplained gaps in treatment may raise questions about what caused your symptoms. However, no universal rule says missing a doctor visit within 24, 48, or 72 hours automatically ends a Texas injury claim.
How Can a Preservation Letter Help?
An evidence preservation letter asks a person or business to keep items that may matter to the claim. A lawyer may send one to a trucking company, property owner, or another party.
The letter can identify video, records, vehicle data, or physical items that should be kept. Its effect depends on the facts and the recipient’s legal duties.
The loss or destruction of relevant proof may raise a spoliation of evidence issue. A letter puts the recipient on notice, but it cannot guarantee the evidence will survive.
Also, sending a preservation letter does not extend your lawsuit deadline. Texas law still generally requires an injury suit within two years after the claim accrues, unless another rule applies.
Can Your Case Still Fail After You File the Lawsuit?
Filing on time doesn’t eliminate deadline risks. You must also serve the defendant, not omit required information, and follow the court’s schedule.
Serving the Defendant
Your original petition starts the lawsuit. Service of process formally delivers the required court papers, including the citation, to the defendant.
In Texas, filing before the time limit runs out may not protect your claim if you fail to pursue service with due diligence. This means making steady, reasonable efforts to serve the defendant.
For example, filing a day before the deadline and then taking no steps to arrange service for months can put your claim at risk. Service after the filing period ends may still be valid if you pursued it diligently. The facts and reasons for any delay matter.
Discovery and Expert Witness Deadlines
Discovery is the process of sharing facts and evidence. The Texas Rules of Civil Procedure govern this process.
Several rules can affect your injury case:
| Rule | What it covers |
| Rule 190 | Discovery plans and limits |
| Rule 194 | Required disclosures |
| Rule 195 | Discovery about expert witnesses |
| Rule 198 | Requests for admission |
| Rule 193.6 | Limits on using evidence disclosed late |
Your docket control order, also called a scheduling order, may set dates for expert witnesses, amended claims, and the discovery cutoff. Read that order along with the rules.
Missing a response deadline can have serious effects. For example, unanswered requests for admission may become deemed admissions. The court may treat those facts as established unless it allows relief.
Late disclosures can also lead to exclusion of evidence. Rule 193.6 includes exceptions, such as good cause or a lack of unfair surprise or prejudice. Relief is not automatic.
Court Notices and Required Appearances
Open court notices right away. Track hearings, trial dates, and any warning that your case may be dismissed.
A failure to appear or move the case forward can lead to dismissal for want of prosecution. If you receive a dismissal notice, seek help promptly. Deadlines to challenge a dismissal or appeal may be short.
If you need more time, request it before the deadline when possible. Do not assume a deadline has changed until a valid agreement, rule, or court order confirms it.
Which Injury Claims Have Special Deadline Rules?
Some claims have extra notice, filing, or report requirements. Do not assume the usual two-year rule covers every step.
Medical Malpractice
Texas medical malpractice claims fall under Texas Civil Practice and Remedies Code Chapter 74. Three key rules may apply:
- Section 74.251: Generally sets a two-year filing period, with specific rules for when it starts. It also sets a ten-year statute of repose, an outside limit on bringing a claim.
- Section 74.051: Requires written notice at least 60 days before filing suit, with the required medical records release form. Proper notice can trigger 75-day tolling, but you must meet the requirements.
- Section 74.351: Generally requires service of an expert report and the expert’s résumé within 120 days after each defendant files an original answer. Certain exceptions or extensions may apply.
Missing the expert report deadline can lead to dismissal with prejudice, which prevents refiling against that provider, plus attorney’s fees and costs. Children’s claims need separate review because special rules and court decisions may affect their deadlines.
Workplace Injuries
A workers’ compensation claim seeks benefits through your employer’s coverage. It is different from a lawsuit against another party who caused your injury.
Texas generally requires you to:
- Notify your employer within 30 days of the injury, or as soon as you know it was work-related.
- File your claim with the Division of Workers’ Compensation (DWC) within one year.
Use DWC Form-041 to file the employee claim. Reporting the injury to your boss does not replace this step. Occupational diseases and other situations may involve different starting dates or exceptions.
These notice and claim rules appear in Texas Labor Code Chapter 409. DWC is part of the Texas Department of Insurance (TDI). The Office of Injured Employee Counsel (OIEC) offers free help with workers’ compensation disputes.
A separate deadline may also apply to a third-party workplace injury lawsuit. For example, a claim against a careless driver who hit you while you were working requires its own review.
Defective Products
A faulty tire, tool, or other product may trigger two clocks: the injury filing period and a statute of repose.
Under Texas Civil Practice and Remedies Code § 16.012, product liability suits generally must begin before 15 years after the defendant sold the product, subject to exceptions.
That does not give you 15 years after your injury. The law does not shorten your filing period. Have both dates checked.
Can an Injury Filing Deadline Be Extended?
Some rules can pause the clock or delay when it starts. But they apply only in certain cases. Being busy, facing high bills, or not knowing the law usually doesn’t give you more time.
Minors and Legal Disability
Under Texas Civil Practice and Remedies Code § 16.001, a person has a legal disability if they are under 18 or meet the law’s “unsound mind” standard.
If that disability exists when the claim accrues, it generally does not count toward the filing period. A disability that begins after the clock starts generally does not pause it.
However, injury claim deadlines for minors need careful review. Medical malpractice, government notice, and other special rules may work differently. A child’s claim and a parent’s related claim may also have different deadlines.
Delayed Discovery of an Injury
The discovery rule may delay the start of the filing period in limited cases. Texas courts generally require an injury that is:
- Inherently undiscoverable: Its nature makes it unlikely to be found within the usual filing period.
- Objectively verifiable: Evidence can confirm the injury.
This rule does not apply just because you learned the full extent of your harm later. A new scan, diagnosis, or higher treatment cost does not automatically restart the clock.
Fraudulent Concealment
Fraudulent concealment may affect a limitations defense when the person at fault wrongfully hides the facts behind your claim.
This protection generally lasts only until you discover the wrong or could have discovered it with reasonable effort. You need facts that support the rule. A simple denial of fault does not, by itself, prove concealment.
Why You Should Not Rely on an Exception
Tolling the statute of limitations does not mean every deadline pauses. Government notice rules and a statute of repose require separate review.
Do not add extra days to your filing date on your own. Have a lawyer review the claim, start date, and any possible exceptions before the earliest deadline passes.
What Should You Do If a Deadline Is Close or Already Passed?
Act now, even if you think you are too late. The right deadline depends on your claim and the facts. A lawyer can check whether time remains or a valid exception applies.
Gather the Key Dates and Records
Use this personal injury deadline checklist to prepare for a review:
- Write down the incident date. Include when you first noticed symptoms and learned what may have caused them.
- Collect claim records. Gather insurance letters, claim numbers, demand letters, and settlement offers.
- Identify the parties involved. List drivers, employers, property owners, and any government units.
- Save your proof. Keep photos, videos, witness details, medical records, and lost-wage records.
- Gather court papers. Include any filed petition, proof of service, court orders, and dismissal notices.
Keep copies of what you sent and when it was received. Proof of delivery may matter when a claim requires formal notice.
Tell the Lawyer That Time May Be Running Out
When you seek help, state the incident date and deadline concern first. Do not wait until you have every medical bill or record.
Ask the lawyer to check:
- Which filing and notice rules apply.
- When each deadline began.
- Whether notice or service was completed properly.
- Whether an exception or written agreement affects the time limit.
Do not rely only on an online injury lawsuit deadline calculator. It may miss rules tied to your age, the defendant, the type of claim, or the court.
What If the Deadline Has Already Passed?
Have the dates reviewed before giving up. A valid exception may apply, but it must fit the law and your facts.
For example, Texas law can exclude certain periods of legal disability from the limitations calculation. That does not mean every late claim can be saved.
A claim review does not stop the clock. Until a valid filing, agreement, or legal rule protects your claim, treat the deadline as urgent.
Frequently Asked Questions
Can I Sue After Two Years in Texas?
Sometimes, but only if a valid exception or different rule applies. Most Texas personal injury suits must be filed within two years after the claim accrues. Certain claims have different periods, and legal disability may affect the clock. Have the dates reviewed before assuming your claim is barred.
Do I Have to Finish Medical Treatment Before Filing a Lawsuit?
No. You can file while treatment continues. Waiting until you fully recover can put your claim at risk. Your lawyer can use medical records and expert opinions to assess future care needs. The filing deadline usually doesn’t wait until treatment ends.
Does a Police Report Count as an Insurance Claim or Government Notice?
Do not assume it does. A police report records an incident. You should still report the loss to your insurer as your policy requires.
For a government claim, a report may be relevant to actual notice. But it does not automatically meet the Texas Tort Claims Act notice requirements.
Can I File a Lawsuit While Settlement Negotiations Continue?
Yes. Filing suit does not prevent further settlement talks. It may help protect your claim while both sides discuss payment. You must also serve the defendant and meet court deadlines. Filing alone may not protect a claim if you delay service without due diligence.
What If I Do Not Know the At-Fault Person’s Name?
Start investigating right away. Crash reports, witness accounts, business records, or vehicle details may help identify the right party.
Do not assume naming “John Doe” stops the clock. Suing the wrong defendant before the deadline or adding a defendant after the limitations period expires can create serious problems. Whether an amended petition relates back to an earlier filing requires a close legal review.
Is There a Universal 72-Hour Deadline to See a Doctor After an Accident?
No. Texas does not impose a blanket 72-hour treatment deadline for all injury claims. Seek care based on your symptoms and medical needs.
A delay may make it harder to link your condition to the accident. But missing that time frame does not automatically end your case. Texas injury law sets a lawsuit deadline, not a universal deadline for your first medical visit.
Frequently Asked Questions
Can I Sue After Two Years in Texas?
Sometimes, but only if a valid exception or different rule applies. Most Texas personal injury suits must be filed within two years after the claim accrues. Certain claims have different periods, and legal disability may affect the clock. Have the dates reviewed before assuming your claim is barred.
Do I Have to Finish Medical Treatment Before Filing a Lawsuit?
No. You can file while treatment continues. Waiting until you fully recover can put your claim at risk. Your lawyer can use medical records and expert opinions to assess future care needs. The filing deadline usually doesn’t wait until treatment ends.
Does a Police Report Count as an Insurance Claim or Government Notice?
Do not assume it does. A police report records an incident. You should still report the loss to your insurer as your policy requires.
For a government claim, a report may be relevant to actual notice. But it does not automatically meet the Texas Tort Claims Act notice requirements.
Can I File a Lawsuit While Settlement Negotiations Continue?
Yes. Filing suit does not prevent further settlement talks. It may help protect your claim while both sides discuss payment. You must also serve the defendant and meet court deadlines. Filing alone may not protect a claim if you delay service without due diligence.
What If I Do Not Know the At-Fault Person’s Name?
Start investigating right away. Crash reports, witness accounts, business records, or vehicle details may help identify the right party.
Do not assume naming “John Doe” stops the clock. Suing the wrong defendant before the deadline or adding a defendant after the limitations period expires can create serious problems. Whether an amended petition relates back to an earlier filing requires a close legal review.
Is There a Universal 72-Hour Deadline to See a Doctor After an Accident?
No. Texas does not impose a blanket 72-hour treatment deadline for all injury claims. Seek care based on your symptoms and medical needs.
A delay may make it harder to link your condition to the accident. But missing that time frame does not automatically end your case. Texas injury filing statutes set a lawsuit deadline, not a universal deadline for your first medical visit.
Protect Your Injury Case Before Time Runs Out
A strong claim still needs timely action. Missing a filing date, notice requirement, or court deadline can put your right to payment at risk.
Most Texas injury lawsuits have a two-year filing period, but that is only part of the picture. Government notice may be due much sooner. Special claims have their own rules, and key evidence can disappear while you wait.
Keep your records, save your proof, and have the dates checked early. Don’t wait until treatment ends or an insurer makes its final offer before seeking help.
Contact our team to review your injury claim and identify any applicable deadlines. If you think a deadline has passed, seek a review promptly to see whether any legal options remain.
