Texas Statute of Limitations for Personal Injury Claims
How long do you have to file a personal injury lawsuit in Texas? Miss this deadline and you lose your right to compensation forever.
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The 2-Year Rule in Texas
Texas Civil Practice & Remedies Code §16.003 gives personal injury victims 2 years from the date of the accident to file a lawsuit. This is called the statute of limitations.
⚠️ Warning If you miss the 2-year deadline, Texas courts will almost certainly dismiss your case — no matter how strong your evidence or how serious your injuries. The right to compensation is permanently lost.
The clock typically starts ticking on the date of the accident, not when you discovered your injuries.
Important Exceptions That Can Extend the Deadline
In certain situations, the 2-year clock may be paused (called “tolling”) or extended:
- Minor victims — if the injured person is under 18, the 2-year clock doesn’t start until they turn 18
- Discovery rule — for injuries not immediately apparent, the clock may start when you discovered (or should have discovered) the injury
- Mental incapacity — if the victim was mentally incapacitated at the time of injury
- Defendant leaves Texas — if the at-fault party leaves Texas, that time may not count
- Government claims — if a government entity is involved, you may have only 6 months to file a notice of claim
💡 Tip These exceptions are complex and courts interpret them strictly. Never assume an exception applies to your case without consulting an attorney first.
Why You Should NOT Wait 2 Years
The statute of limitations is your legal deadline, but waiting that long is a serious mistake:
- Security camera footage is typically deleted within 30–90 days
- Witnesses move, forget details, or become unavailable
- Physical evidence at the scene disappears
- Medical records become harder to connect to the accident
- Insurance companies become less willing to settle fairly
- Your attorney has less time to investigate and build a strong case
💡 Tip The sooner you contact a personal injury attorney after an accident, the stronger your case will be. At Roque Law Firm, consultations are free and there’s no obligation.
Special Deadlines for Different Types of Cases
Different types of personal injury claims in Texas have different deadlines:
- Car accidents: 2 years
- Slip and fall / premises liability: 2 years
- Medical malpractice: 2 years from injury discovery (max 10 years)
- Product liability: 2 years
- Wrongful death: 2 years from date of death
- Claims against government/city: 6 months to file formal notice
⚠️ Warning If your accident involved a government vehicle, city bus, or occurred on government property, you may have as little as 6 months to file a notice of claim. Missing this notice deadline can bar all future claims.
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Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Texas?
Texas law gives you 2 years from the date of the accident to file a lawsuit. Missing this deadline permanently bars your claim, regardless of how strong your evidence is.
What happens if I miss the statute of limitations?
Your case will almost certainly be dismissed by the court. The at-fault party’s attorney will file a motion to dismiss, and you will lose your right to any compensation. This is why acting quickly is so important.
Does the clock start when I discover my injury, or when the accident happened?
Generally it starts on the accident date. The “discovery rule” can delay the start in limited situations — such as injuries that weren’t immediately apparent — but this exception is interpreted narrowly by Texas courts.
Is the deadline different if a government entity is involved?
Yes. Claims against government entities (city, county, TxDOT) require a formal notice of claim within 6 months. Missing this notice deadline can eliminate your right to sue, even if the 2-year statute hasn’t expired.
What if the injured person is a child?
If the victim is under 18 at the time of the accident, the 2-year clock does not begin until their 18th birthday, giving them until their 20th birthday to file. However, parents can file on the child’s behalf before then.
Can I still file if the accident was more than 2 years ago?
In most cases, no. However, exceptions exist (discovery rule, mental incapacity, minor victim). Contact a personal injury attorney immediately for a free evaluation — an attorney can quickly assess whether any exceptions apply.
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