What is the statute of limitations for personal injury in Texas?

The statute of limitations for personal injury claims in Texas is two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003. This applies to car accidents, truck accidents, slip and fall, workplace injuries, and most other personal injury cases. Missing this deadline permanently bars recovery.

What happens if I miss the statute of limitations in Texas?

If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss based on limitations, and the court will grant it. Your case will be dismissed with prejudice — meaning you cannot refile. The strength of your case, the severity of your injuries, or the clarity of the defendant's fault makes no difference once the deadline has passed.

Does the two-year deadline apply to car accident property damage claims in Texas?

Yes. Property damage claims in Texas are also subject to a two-year statute of limitations under Texas Civil Practice and Remedies Code § 16.003. However, most property damage claims are resolved through insurance without filing a lawsuit, so the limitations period is less commonly at issue than in personal injury cases.

How long do I have to file a claim if a government vehicle caused my accident in Texas?

Claims against Texas government entities are governed by the Texas Tort Claims Act (Texas Civil Practice and Remedies Code § 101.101). You must provide written notice of your claim to the government entity within six months of the incident. Some local governments require notice within 45 to 90 days. Contact an attorney immediately if a government vehicle was involved in your accident.

Can the statute of limitations be extended if I did not know I was injured?

Texas recognizes the discovery rule, which delays the start of the limitations period until the plaintiff knew or reasonably should have known of the injury and its cause. This rule applies in limited circumstances — primarily latent injuries such as those from toxic exposure or undiscovered surgical errors — rather than typical accident injuries. Simply not knowing you had a legal claim does not toll the limitations period.

How long do I have to file a wrongful death claim in Texas?

Wrongful death claims in Texas must be filed within two years of the date of death under Texas Civil Practice and Remedies Code § 71.002. Surviving spouses, children, and parents of the deceased may bring the claim. If no family member files within two years, the estate may file, but only if no wrongful death action has been brought by a statutory beneficiary.