The End-of-Year Panic: Protecting Your Claim Before the 2-Year Deadline

Urgent Steps to Take If Your Injury Statute of Limitations Expires in Houston

As the year draws to a close, many in Northwest Houston are focused on holiday festivities and New Year’s resolutions. However, for those who were injured in an accident nearly two years ago, December brings a much more stressful countdown.

In Texas, the "Statute of Limitations" is the ultimate deadline for your legal rights. If you were involved in a car wreck, a slip and fall, or a workplace accident and haven't yet filed a formal lawsuit, you may be just days away from losing your right to compensation forever.

Understanding the 2-Year "Hard Deadline" in Texas

Under Texas Civil Practice and Remedies Code § 16.003, you generally have exactly two years from the date of your injury to file a personal injury lawsuit.

Many people mistakenly believe that having an open claim with an insurance company "pauses" this clock. It does not. Even if you have been negotiating with an adjuster for eighteen months, if that two-year anniversary passes without a lawsuit being filed in a Houston civil court, your claim is effectively dead. The insurance company knows this, and they may even use delay tactics as the deadline approaches, knowing that once the clock runs out, they no longer have any legal obligation to pay you a dime.

Why the "End-of-Year Panic" Happens

The end of the year is a frequent "expiration date" for many claims because of the high volume of accidents that occur during the holiday seasons of previous years. If you were injured during a Thanksgiving trip or a Christmas Eve commute two years ago, your deadline is likely hitting right now.

The consequences of missing this date are absolute:

• Automatic Dismissal: If you file even one day late, the defendant will move to dismiss your case, and a Texas judge will almost certainly grant it.

  
  

• Loss of Leverage: Once the deadline passes, you lose all negotiating power. The insurance company will simply close your file.

  
  

• No Recovery: You will be left responsible for all medical bills, lost wages, and long-term care costs out of your own pocket.

  
  

Urgent Steps to Take Right Now

If your accident occurred nearly two years ago and you have not reached a settlement, you must take these steps immediately:

1. Stop Negotiating Alone: If you are within 60 to 90 days of your deadline, insurance adjusters are unlikely to offer a fair settlement. They are waiting for the clock to run out.

   
   

2. Verify Your Date: Look at your police report or medical intake forms. The clock usually starts on the exact day of the accident.

   
   

3. Identify Potential Exceptions: While rare, some situations can "toll" (pause) the statute of limitations. This includes cases where the victim was a minor (under 18) at the time of the accident or cases involving mental incapacitation.

   
   

4. Check for Government Entities: If your accident involved a City of Houston vehicle or a government building, you may have had a "Notice of Claim" deadline as short as 90 days or 6 months. An attorney can determine if you’ve already missed these shorter windows.

   
   

Don't Let the Clock Run Out

Filing a lawsuit is a complex procedural task. It involves drafting a petition, identifying the correct legal entities to sue, and paying the necessary filing fees in Harris County courts. This is not something that can be done effectively overnight.

If you are approaching your two-year anniversary for an injury in Cypress, Tomball, or Northwest Houston, you need to act now to preserve your rights. At The Law Office of Shaw Clifford, we understand the urgency of these deadlines and can help you file the necessary paperwork to "stop the clock" and protect your future. Contact us today for an immediate consultation before your time runs out.

Contact Shaw Clifford