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How Long Do You Have to File a Personal Injury Claim in McAllen, TX?

If you’ve been injured in an accident in McAllen—whether from a car crash, slip and fall, or another form of negligence—it’s essential to understand that your time to file a claim is limited. Texas law sets strict deadlines for pursuing personal injury cases, and missing them could cost you your right to compensation altogether.

At J.A. Davis & Associates, we often hear clients say, “I didn’t know there was a time limit.” This blog outlines how long you have to take legal action, what exceptions exist, and why it’s crucial to speak with an attorney as soon as possible after an injury.

The Statute of Limitations in Texas

The statute of limitations is the legal deadline by which you must file a lawsuit. In Texas, the general rule is:

You have two (2) years from the date of the injury to file a personal injury claim.

This two-year clock begins ticking on the day the injury occurs, not the day you start feeling pain or receive a diagnosis, unless a narrow exception applies.

Applies to Most Injury Cases, Including:
Car and truck accidents

• Motorcycle accidents
• Slip and fall injuries
• Dog bites
• Workplace injuries (non-subscriber cases)
• Assault-related civil suits
• Wrongful death claims

What Happens If You Miss the Deadline?
If you attempt to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case immediately. Insurance companies are also aware of these deadlines and may refuse to negotiate once time has run out.

Once the window closes, you lose the right to recover damages for:

Medical expenses

Lost wages

Pain and suffering

Future care or disability

Any other losses tied to the incident

This is why it’s critical to consult with a lawyer early, even if you’re still undergoing treatment.

Exceptions That Can Affect the Timeline

While two years is the standard, there are a few circumstances that may pause or extend the statute of limitations. These include:

1. Discovery Rule
If your injury was not immediately apparent—such as in cases of medical malpractice or internal injuries—the clock may begin when you discovered or reasonably should have discovered the harm.

Example: You undergo surgery in McAllen and months later discover a surgical instrument was left inside you. The two-year period may begin on the date of discovery.

2. Minor Victims
If the injury victim is under the age of 18 at the time of the incident, the two-year window doesn’t begin until they turn 18. This gives minors the ability to file a claim until they are 20 years old.

3. Mental Incapacity
If a person is legally incapacitated—due to a brain injury, coma, or cognitive disability—the statute may be tolled (paused) until the individual regains legal capacity.

4. Government Liability
If your claim is against a government entity (such as a city bus accident or injury on municipal property), you must provide formal notice within 6 months of the injury under the Texas Tort Claims Act. Some local governments (including McAllen and Hidalgo County) have even shorter deadlines.

5. Wrongful Death Cases
In a wrongful death case, the statute of limitations is also two years, but it begins on the date of death, not necessarily the date of the injury.

When Should You Contact a Lawyer?

Even if two years seems like plenty of time, waiting is a mistake. Here’s why you should contact a personal injury attorney right away:

Evidence disappears: Skid marks fade, video gets deleted, and witnesses forget details.

Medical records need to be collected and reviewed, which takes time.

Insurance companies act quickly and will begin building their defense as soon as the accident is reported.

Legal strategy requires preparation, especially if multiple parties are involved.

At J.A. Davis & Associates, we offer free consultations and handle every case on a contingency fee basis, so there’s no cost to get started.

The Legal Process Takes Time

Many injury victims assume they can wait until they feel better to explore legal options. But even after your claim is filed, personal injury cases often involve:

• Accident reconstruction
• Depositions
• Medical expert evaluations
• Settlement negotiations
• Potential court hearings

Getting started early gives your legal team time to build the strongest possible case while keeping the option open to file a lawsuit if needed.

Statute of Repose: A Lesser-Known Legal Cutoff
In some cases—particularly construction-related injuries—Texas law also imposes a statute of repose, which sets an absolute deadline regardless of when you discover the injury. For example, claims involving defective construction must typically be filed within 10 years of project completion, even if you just learned about the defect.

How J.A. Davis & Associates Helps Protect Your Rights
Our legal team in McAllen takes prompt action to:

• Preserve time-sensitive evidence
• Notify all relevant parties and insurers
• File claims or lawsuits before deadlines expire
• Identify exceptions to extend your window
• Handle all legal filings and court requirements

We ensure your case is handled professionally, efficiently, and with the urgency it deserves.

The aftermath of an injury can be confusing and stressful, but ignoring legal deadlines can destroy your chance of fair compensation. Whether you’re dealing with a crash on I-69C, a fall at a local business, or another accident, you only have a limited time to act.

Let J.A. Davis & Associates protect your claim. We know the local laws, courts, and timelines in McAllen and will move quickly to safeguard your rights. Contact us today for a free case evaluation.