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How Long Do I Have to File a Personal Injury Claim?

May 15, 2026
Personal Inury Statute of Limitations in Texas

The personal injury statute of limitations in Texas and New Mexico sets a strict deadline for filing a lawsuit after an accident. If you miss this deadline, you can lose your right to recover compensation—no matter how strong your case may be. Understanding the statute of limitations is critical after any injury. These laws determine how long you have to take legal action and protect your ability to pursue damages for medical bills, lost wages, and pain and suffering.

How long do you have to file a personal injury claim?

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. New Mexico follows a similar rule, with a two-year deadline for most injury-related cases.

These deadlines apply to a wide range of claims, including:

  • Car accidents
  • Truck accidents
  • Slip and fall injuries
  • Workplace accidents
  • Other negligence-based cases

If you file after the deadline, courts will likely dismiss your case.

Are there exceptions to the statute of limitations?

Some situations can extend or delay the statute of limitations in Texas and New Mexico. For example, if the injured person is a minor, the clock may not start until they turn 18. In cases involving injuries that were not immediately discovered, the timeline may begin when the injury is identified rather than when the accident occurred.

However, these exceptions are limited and fact-specific. Waiting too long can still put your case at risk.

Why acting early matters

Building a strong personal injury claim takes time. You need to gather evidence, document your injuries, and communicate with insurance companies. The longer you wait, the harder it becomes to preserve key evidence and witness testimony.

Speaking with an attorney early helps you stay within the statute of limitations and strengthens your case from the start. If you were injured in Texas or New Mexico, do not wait until the deadline approaches. Taking action early gives you the best chance to recover full compensation.

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