Texas Statute Of Limitations

Texas Statute Of Limitations Personal Injury

A statute of limitations is the maximum amount of time after an accident that legal action can be initiated. In the state of Texas, the personal injury statute of limitations is two years. That means you have no more than two years from the date of the accident to file a lawsuit against the person or entity responsible for your injury.

If you miss the deadline to file a lawsuit with the court, you will lose your right to seek any compensation for this incident. That’s why it is crucial to be aware of the statute of limitations and to take swift action if you’ve been hurt.

Do not let any more time pass without speaking to a personal injury attorney about your accident. Contact the Law Offices of Michael J. Gopin, PLLC, today for a free consultation. We can evaluate your case, explain the time limits that apply, and get to work immediately.

Get Legal Help Now

Schedule Your Free Consultation at The Law Offices of Michael J. Gopin

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
  • Community-Rooted Advocacy
  • Personalized, Compassionate Legal Representation
  • Round-the-Clock, Dedicated Service
Car accident lawyer Michael Gopin
Legal Matters: What is Statute of limitations?
Watch video

Why Do We Have Statutes of Limitations?

Statutes of limitations are intended to make the justice system fair and to ensure efficiency within the court system. Statutes of limitations are essential due to:

  • Time – Statutes of limitations ensure that lawsuits are filed in a timely manner, while also allowing victims time to fully assess their damages. In personal injury cases, victims may not realize how their injuries will affect their lives right away. Attorneys need time to document the injuries and assess future care needs.
  • Facts – Over time, evidence can be tampered with, destroyed, or lost. When it comes to evidence based on an individual’s memory, these memories can fade, become skewed, or the person can pass away before being able to testify. Evidence must be collected in a timely manner to ensure its integrity.
  • Harassment – Statutes of limitations ensure that potential defendants do not have the threat of a lawsuit following them around indefinitely.

Statutes of Limitations for Civil Claims in Texas

If you’ve been hurt due to someone else’s carelessness, recklessness, or an intentional act, there is a limited time to take legal action. Below are the statutes of limitations for civil claims in Texas:

Personal Injury: 2 years

Wrongful Death: 2 years

Property Damage: 2 years

Product Liability: 2 years (or 15 years from when the product was sold)

Medical Malpractice: 2 years

Exceptions to the Statute of Limitations in Texas For Personal Injury

There are some exceptions to the Texas personal injury statute of limitations. Three common scenarios can put a hold on the countdown to the deadline, giving you additional time to file a lawsuit. The three situations that can extend a statute of limitations deadline are:

  • If the victim is “under a legal disability,” which means the victim was under the age of 18 or of unsound mind at the time of the incident. The two-year countdown won’t begin until the victim turns 18 or becomes mentally competent.
  • If the person who caused the injury leaves the state of Texas for a period of time, the countdown stops. Their absence does not count toward the two years, and the countdown won’t begin again until they return.
  • If the injured party did not know that he or she had a potential personal injury claim, the statute of limitations might get extended. The countdown to the deadline will not begin until the victim knew or should have known that he or she suffered an injury, or that the other person involved in the incident was at fault for the injury.

What If You Miss the Filing Deadline?

Generally speaking, when the deadline to file a lawsuit in a personal injury claim in Texas passes, you lose your opportunity to seek monetary compensation from the individual responsible for your injury.

Remember: Time is of the essence in a personal injury claim. Although two years may seem like a long time, your attorney will need to do a lot of work to prepare a strong case for compensation. Your lawyer will need to conduct a thorough investigation of your accident and document the full extent of your losses. The sooner this legal work begins, the better.

What Is the Statute of Limitations in Texas for a Car Accident Case?

In Texas, the statute of limitations for a car accident case is two years. If you become injured in a car accident and there’s proof that the other driver caused it, you can file a lawsuit against the at-fault party for compensation. You will have two years from the date of the car accident to file a lawsuit against the driver. If the statute of limitations runs out, you will lose all rights to bring legal action against them.

Texas is considered a “fault” state, which means an injured individual may file a personal injury claim or lawsuit against the at-fault driver. In most cases, you would be eligible to seek compensation from the at-fault driver’s insurance policy.

In need of legal help?

We can help! Call the attorneys you know.

On This Page

We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333

Michael J. GopinReviewsout of 5 reviews
"Awesome staff.

Worked hard for my case. Bills paid and I got highly compensated.”


Mr. Marshall had a premises liability accident in an El Paso restaurant where he took a pretty hard hit to his shoulder. Thanks to the Law Offices of Michael J. Gopin, he was able to get in a timely matter a settlement that was beyond his expectations!

"I was badly injured in an accident and the insurance was refusing to pay.

Michael Gopin settled my case and got my car fixed, medical bills paid and I got a great settlement too. The staff was caring and attentive to me. I couldn’t be happier. Go see Michael Gopin.”

"I was in bad shape when I hired Michael Gopin.

He and his staff quickly took care of my issues and settled case. I am beyond happy with their services.”


Cruz was involved in a terrible car accident and his car was totaled after the traumatic event. With the help of the Law Offices of Michael J. Gopin, PLLC., fate sided with him and the following legal processes went in his favor.

"Awesome settlement.

Everything smooth and easy. They fought hard for me and negotiated large discounts on my medical bills.”

"The staff and Michael Gopin were totally professional and caring.

My case settled and I received an excellent settlement. This office cared about me. Thanks Michael Gopin. I highly recommend.”


John and his son were involved in a traumatic car accident. Thanks to The Law Offices of Michael J. Gopin, PLLC., the Shamley Family had the support they needed to turn this painful experience into one of hope and triumph.

Related Practice Areas We Handle

Accidents can happen in a number of different ways. If you or a loved one has been hurt in an accident that was not your fault, you should speak to a personal injury lawyer in El Paso, Texas as soon as possible. Contact our law office today to set up a free consultation.

  • mass torts
    Mass Torts

    Toys, household appliances, laptop computers, and medications are all examples of...

  • paraquat lawsuit
    Paraquat Herbicide

    Were you or a loved one exposed to the herbicide Paraquat and later diagnosed with...

  • elmiron

    Elmiron is a medication prescribed to treat the pain and discomfort of interstitial...

  • ozempic
    Ozempic (semaglutide) Lawsuit

    Ozempic has made major headlines lately due to its ability to help people with and...

  • hernia mesh
    Hernia Mesh

    Many hernia repair surgeries happen without harm to the patient. But complications can...

  • hair relaxer
    Hair Relaxer

    Have you been diagnosed with uterine, ovarian, or breast cancer? If you’ve used hair...

  • zantac-featured
    Zantac Lawsuits

    Millions of Americans are at risk of developing cancer and other devastating conditions...

  • toxic baby food
    Toxic Baby Food

    Despite the natural-sounding names of popular baby foods and claims that many of these...

  • JUUL Lawsuits
    JUUL Lawsuits

    When JUUL and other e-cigarette manufacturers released their products into the...

  • Philips Continuous Positive Airway Pressure
    CPAP Recalls

    Were you given a Philips Continuous Positive Airway Pressure (CPAP) or Bilevel Positive...

  • Camp Lejeune
    Camp Lejeune

    Living in an industrialized country such as the United States, it’s normal to take for...

  • military base accident
    Military Base Accidents

    Fort Bliss is a high-profile military base with an area of about 1,700 square miles...

  • 3M Defective Combat Earplugs
    3M Defective Combat Earplugs

    From 2003 to 2015, the United States government issued dual-ended combat earplugs to...

Contact an Experienced El Paso Personal Injury Attorney Today

The attorneys at the Law Offices of Michael J. Gopin, PLLC, have been providing high-quality legal representation and compassionate service to El Paso residents and visitors for more than 30 years. We have extensive experience handling a wide variety of personal injury cases, including car accidents, truck accidents, premises liability, medical malpractice, wrongful death, and many more.

We have three conveniently located offices in El Paso, so call us, chat with us live, or fill out a contact form to schedule your free consultation with a knowledgeable personal injury attorney today.

Get Legal Help Now
In The News