A spinal cord injury (SCI) can drastically alter the course of a person’s life. Whether it stems from a car crash on I-35, a fall at a construction site in Fort Worth, or a possible medical error in a Dallas hospital, the physical, emotional, and financial challenges may be significant. If you’re living with a SCI, you may be navigating intensive medical treatments, rehabilitation, and an uncertain path forward.
During such a difficult time, it’s important to be aware of a critical legal deadline that could impact your ability to seek compensation: the Texas statute of limitations.
After a serious injury like a spinal cord injury (SCI), legal deadlines might not be your first concern, but if you wait too long to look into your legal options, you could risk losing the chance to pursue compensation.
At DFW Injury Lawyers, we understand how complex and overwhelming this process can be. We’ve worked with individuals and families across Dallas, Fort Worth, Arlington, and throughout Texas who are navigating the aftermath of spinal cord injuries.
Our team is committed to standing by your side, advocating for your rights, and helping you pursue the full compensation you need to move forward with confidence.
In this post, we’ll break down the Texas statute of limitations as it relates to spinal cord injuries and explain why taking timely action may be critical.
What Is a Statute of Limitations in Texas Personal Injury Law?
A statute of limitations sets the legal deadline for filing a lawsuit. In Texas, the general statute of limitations for personal injury claims, including spinal cord injuries, is two years from the date the injury occurred, as outlined in Texas Civil Practice and Remedies Code § 16.003.
This deadline is strict, and missing it can mean losing your right to hold the negligent party accountable.
Why the Two-Year Deadline Matters in Spinal Cord Injury Cases
Two years might sound like a long time, but when dealing with an SCI, that window can close surprisingly fast. Here’s why this deadline is so important in these specific cases:
Complexity of SCIs: Spinal cord injuries are medically complex. Understanding the full extent of the damage, the long-term prognosis, and the future medical needs often takes significant time and multiple expert evaluations.
Focus on Medical Treatment: Your primary focus, understandably, is on immediate medical care, surgeries, stabilization, and intensive rehabilitation. Legal matters might seem like a distant concern initially.
Gathering Evidence: Building a strong SCI case requires substantial evidence: accident reports, medical records from numerous providers, witness statements, expert opinions, proof of lost income, and documentation of pain and suffering.
Calculating Damages: Accurately calculating the full lifetime cost of a spinal cord injury is a massive undertaking. It involves projecting future medical care, assistive devices, home modifications, lost earning capacity, and ongoing therapy needs.
According to data from the National Spinal Cord Injury Statistical Center (NSCISC), the average lifetime costs for someone with high tetraplegia can exceed $6 million. These figures don’t even include indirect costs like lost wages and loss of independence.
Dealing with Trauma: The emotional and psychological trauma following an SCI can be profound, leading to depression, anxiety, and difficulty focusing on complex tasks like pursuing a legal claim.
Exceptions to the Statute of Limitations for Spinal Cord Injury Claims in Texas
While the two-year rule is standard, Texas law recognizes certain situations where the deadline might be paused (tolled) or start later. These exceptions are complex and often require careful legal analysis:
Discovery Rule: When the Injury Is Not Immediately Apparent
The discovery rule allows victims to extend the statute of limitations in cases where the injury or its connection to the defendant’s actions was not known or reasonably discoverable at the time of the incident. For example, if you develop symptoms or learn that a delayed diagnosis worsened your spinal cord injury, the statute of limitations would begin once you become aware—or should have reasonably become aware—of the injury and its cause.
Tolling for Minors: Protecting Injured Children
If the person who suffered the spinal cord injury is under 18 years old at the time of the incident, the statute of limitations is typically tolled (paused). The two-year clock generally doesn't start running until the child turns 18. This means they usually have until age 20 to file a personal injury lawsuit in Texas.
Tolling for Mental Incapacity (Unsound Mind)
If the injured person is deemed to be of unsound mind after the injury occurs, the statute of limitations might be tolled for the period of that incapacity. This usually refers to a significant mental impairment that prevents the person from understanding their legal rights or managing their affairs.
Fraudulent Concealment
In rare cases, if the person or entity responsible for the injury actively took steps to hide their wrongdoing or prevent the injured person from discovering the cause of their injury, the statute of limitations might be tolled. Proving fraudulent concealment is difficult.
While these exceptions exist, they are specific and often challenging to prove. Relying on an exception without consulting an attorney is incredibly risky. The safest approach is always to assume the standard two-year deadline applies and act well within that timeframe.
What Happens If You Miss the Texas Statute of Limitations in a Spinal Cord Injury Case?
Failing to file your spinal cord injury claim within the two-year deadline can have devastating legal consequences:
- Your case will likely be dismissed: The defendant can file a motion to dismiss, and courts almost always grant it if the statute of limitations has passed.
- You lose your right to compensation: This includes medical costs, lost wages, pain and suffering, and future care expenses—no matter how severe the injury or how clear the other party’s fault was.
- Your evidence and arguments won’t matter: Even the strongest case cannot survive a missed legal deadline.
This is why spinal cord injury attorneys stress the importance of taking early action.
Why Time Is Critical in a Texas Spinal Cord Injury or Catastrophic Injury Claim
Even if you're within the two-year statute of limitations, there are important reasons to contact a lawyer as soon as possible:
- Preserve crucial evidence before it's lost or degraded
- Identify all liable parties, which may include individuals, companies, or manufacturers
- Avoid insurance traps that can damage your claim
- Engage experts early to support your case with medical and economic testimony
- Accurately calculate long-term costs, including home care, adaptive equipment, and lost earnings
- Reduce stress by letting experienced legal professionals handle deadlines and paperwork
Helpful resources like the Shepherd Center and the Christopher & Dana Reeve Foundation provide extensive information about spinal cord injury care, which underscores the need for strong legal and medical coordination.
You can also explore the Texas Department of State Health Services Traumatic Brain and Spinal Cord Injury Registry, which helps track and study these injuries across the state to improve care and outcomes.
Frequently Asked Questions About Spinal Cord Injury Lawsuits in Texas
How long do I have to file a spinal cord injury lawsuit in Texas?
Generally, you have two years from the date of the injury to file a lawsuit, according to Texas Civil Practice and Remedies Code § 16.003. Exceptions may apply in limited circumstances, such as for minors or in cases involving delayed discovery of the injury.
What if I didn’t know my spinal cord was injured right away?
If the injury was not immediately discoverable, you may qualify for an exception called the Discovery Rule, which can delay the start of the two-year clock. However, these cases are complex and fact-specific. Talk to a spinal cord injury attorney right away.
Do I still have a case if my injury happened more than two years ago?
It depends. If an exception applies—such as mental incapacity, the injured person being a minor, or fraudulent concealment—you might still have legal options. Only a qualified attorney can evaluate your situation fully.
What if my child was injured?
For minors, the statute of limitations is usually tolled (paused) until their 18th birthday. They typically have until age 20 to file a personal injury lawsuit in Texas.
Can I afford a spinal cord injury lawyer?
Yes. At DFW Injury Lawyers, we work on a contingency fee basis—which means you don’t pay us unless we win your case. There are no upfront costs to get started.
If you're unsure where to begin or need free guidance, the State Bar of Texas offers resources to help individuals find legal assistance in their area.
What is the difference between a spinal cord injury claim and a general personal injury claim?
Spinal cord injuries are often more complex and costly than other injuries, requiring extensive medical treatment, assistive devices, and lifelong care. While they fall under personal injury law, these cases typically involve larger damages and require specialized medical and financial evidence.
What types of compensation can I recover in a spinal cord injury lawsuit?
You may be eligible for compensation related to:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Rehabilitation and physical therapy
- Home and vehicle modifications
- Pain and suffering
- Loss of enjoyment of life
- Long-term care needs
Can I still sue if I was partially at fault for the accident?
Yes—Texas follows a modified comparative fault rule. You can recover compensation as long as you were less than 51% at fault, but your compensation will be reduced by your percentage of fault.
How do I prove someone else caused my spinal cord injury?
Proving liability typically requires:
- Accident reports
- Eyewitness testimony
- Expert opinions (medical, engineering, reconstruction)
- Surveillance footage or photos
- Medical records linking the injury to the incident
Do spinal cord injury lawsuits usually go to trial?
Many spinal cord injury claims settle out of court, but due to their high value and complexity, defendants and insurers may fight harder. Having a law firm experienced in catastrophic injury trials gives you leverage in both settlement negotiations and court.
How long does a spinal cord injury lawsuit take in Texas?
It varies. Some cases settle in a few months; others take over a year—especially if they involve severe injuries, multiple defendants, or a disputed cause. Your attorney can give you a more accurate estimate based on your specific circumstances.
Protect Your Right to Compensation After a Spinal Cord Injury in Texas
If you or a loved one has suffered a spinal cord injury in Dallas, Fort Worth, Arlington, or anywhere in Texas due to someone else's negligence, time is of the essence. The Texas two-year statute of limitations is a strict deadline, and missing it means losing your chance for justice and financial recovery forever.
Don't let confusion or delay jeopardize your future. Even if you are unsure about the exact date of injury or whether you have a case, contacting an experienced spinal cord injury lawyer immediately is the most important step you can take.
The dedicated team at DFW Injury Lawyers is ready to listen to your story, explain your rights in clear terms, and advise you on the best path forward. We understand the immense challenges you're facing, and our team is committed to standing by your side, advocating for your rights, and helping you pursue the full compensation you need to move forward with confidence.
Call DFW Injury Lawyers Today for a Free Consultation
Protect your rights before it's too late. Contact us for a free, no-obligation consultation to discuss your spinal cord injury case and the statute of limitations.
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Pedro “Peter” de la Cerda
Founder
Attorney Pedro “Peter” de la Cerda is a co-founder of DFW Injury Lawyers. As a young attorney looking for courtroom experience, Mr. de la Cerda began his career defending physicians, nurses, hospitals, trucking, and manufacturing companies in disputes involving personal injury, medical malpractice, products liability, and toxic tort. After seeing many people who were truly injured and deserving of fair compensation, however, Mr. de la Cerda was moved to cross the courtroom aisle and prosecute cases on behalf of plaintiffs in personal injury cases.
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