A slip and fall can happen in an instant, but the consequences, from broken bones to traumatic head injuries, can stretch on for months or years. If someone else’s negligence caused your fall, Texas law gives you the right to pursue compensation, but only if you act within a specific window of time.
At Amanda Demanda Injury Lawyers, our Houston slip and fall attorneys work with injured Texans who are navigating one of the most time-sensitive areas of personal injury law. Missing the filing deadline can permanently end your right to recover damages, no matter how strong your case may be. Here is what you need to know.
The Two-Year Deadline in Texas
Texas law sets a strict time limit on how long you have to file a personal injury lawsuit after a slip and fall. Under Texas Civil Practice and Remedies Code Section 16.003, a person must bring a personal injury lawsuit no later than two years after the cause of action accrues, which, in most slip-and-fall cases, means two years from the date of the accident.
This two-year deadline applies whether you fell in a grocery store, a parking lot, a restaurant, or on someone’s private property. If you do not file your lawsuit within that window, the court will almost certainly dismiss your case, and the at-fault party will face no legal consequences for their negligence.
Why the Clock Starts Sooner Than You Think
Many injured people assume the two-year window gives them plenty of time, but building a strong case requires action long before that deadline arrives. Evidence degrades quickly. Security footage gets overwritten. Witnesses forget details. Property owners repair or alter the hazardous condition to avoid future liability.
Determining fault in a Texas slip and fall requires showing the property owner knew or should have known about the dangerous condition and failed to address it. That kind of proof is far easier to establish when an attorney gets involved early and sends a preservation demand before critical evidence disappears.
Exceptions That May Affect Your Deadline
While two years is the standard rule, certain circumstances can shorten or extend the filing window. Understanding these exceptions is important, especially if time has already passed since your injury.
When the Deadline May Be Extended
If the injured person was a minor at the time of the fall, the two-year clock generally does not begin until they turn 18. Similarly, if the injured person was of unsound mind at the time of the accident, the limitations period may be tolled until that condition is resolved.
When the Deadline May Be Much Shorter
If your slip-and-fall occurred on government-owned property, the timeline becomes significantly more urgent. Under the Texas Tort Claims Act, you are generally required to file a formal notice of claim within six months of the incident at the state level. However, many cities impose even shorter deadlines through local ordinances. Houston, for example, requires written notice within just 90 days. Missing this notice requirement can bar your Texas premises liability claim entirely, even if you are still within the two-year filing window.
What Happens If You Miss the Deadline
The consequences of waiting too long are severe. If you miss the statute of limitations deadline, the defendant’s attorney will file a motion to dismiss, and in nearly every case, the court will grant it. You lose the right to sue, regardless of how clearly negligent the property owner was. Insurance companies know this and may intentionally delay communication with unrepresented claimants to run out the clock.
If you were injured on someone else’s property in Texas, do not wait to see if your injuries improve before consulting an attorney. Even if you are still in treatment, your legal team can begin building your case while you focus on healing.
Contact Our Texas Slip and Fall Attorneys at Amanda Demanda Injury Lawyers
Two years sounds like a long time, but deadlines in slip and fall cases have a way of arriving faster than expected, especially when you are focused on recovering from your injuries. The longer you wait, the harder it becomes to preserve the evidence, witness accounts, and documentation your case depends on.
At Amanda Demanda Injury Lawyers, we work with injured Texans to act quickly, preserve critical evidence, and ensure no deadline is missed. If you were hurt in a slip and fall in Houston or anywhere else in Texas, contact our team today to discuss your case before the clock runs out.
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