How Long Do I Have to File a Personal Injury Claim in Texas?

If you were injured in an accident in Texas, one of the most important legal deadlines you need to know is the statute of limitations — the window of time you have to file a personal injury lawsuit. Miss this deadline and you permanently lose your right to seek compensation, no matter how strong your case is.

Attorney Chris Sanchez is a licensed Texas personal injury lawyer based in McAllen, Texas, serving injury victims across the Rio Grande Valley, San Antonio, Houston, Austin, and statewide since 2014. Call (956) 616-2020 for a free consultation.

The General Rule: Two Years from the Date of Injury

Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for most personal injury claims in Texas is two years from the date the injury occurred. This applies to:

• Car and truck accident injuries
• Slip and fall and premises liability injuries
• Workplace and construction accident injuries
• Dog bite injuries
• Oilfield accident injuries
• Any other injury caused by another party’s negligence

If you do not file your lawsuit in a Texas court within two years, the defendant’s attorney will file a motion to dismiss — and the court will grant it. Your case will be over before it begins, regardless of how clear the other party’s fault is.

The Discovery Rule — When the Clock Starts Later

In most cases, the two-year clock starts on the date of injury. But Texas recognizes the discovery rule for situations where the injury is not immediately apparent. Under the discovery rule, the statute of limitations does not begin until the plaintiff knew or reasonably should have known that an injury occurred and that it was caused by the defendant’s conduct.

The discovery rule most commonly applies in:

• Medical malpractice cases where a surgical error is not discovered until months or years later
• Toxic exposure cases where disease develops long after exposure
• Cases involving latent injuries that were not diagnosable at the time of the incident

The discovery rule does not apply simply because you did not know you had a legal claim — only when the injury itself was genuinely undiscoverable. Courts apply this rule narrowly.

Exceptions That Can Extend the Deadline

Minors (Under 18)

If the injured person is a minor at the time of the accident, the two-year statute of limitations does not begin until their 18th birthday. A child injured at age 10 has until age 20 to file. However, it is still advisable to pursue the claim promptly — evidence disappears and witnesses become harder to locate over time.

Mental Incapacity

If the injured person is of unsound mind at the time of the injury, the limitations period is tolled (paused) under Texas Civil Practice and Remedies Code § 16.001 until the disability is removed. Courts interpret this exception narrowly — temporary emotional distress or trauma does not qualify.

Fraudulent Concealment by the Defendant

If the defendant actively concealed facts that prevented you from discovering your injury or claim, the statute of limitations may be tolled for the period of fraudulent concealment. This is an equitable doctrine applied case-by-case.

The Defendant Leaves Texas

Under Texas Civil Practice and Remedies Code § 16.063, if the defendant leaves the state of Texas after the cause of action accrues, the time they spend outside Texas does not count toward the limitations period.

Claims Against Government Entities — Much Shorter Deadlines

If your injury was caused by a government employee or agency — a city bus driver, a TxDOT vehicle, a school district employee — the rules are significantly different and more restrictive. Under the Texas Tort Claims Act (Texas Civil Practice and Remedies Code § 101.101), you must provide formal written notice of your claim to the government entity within six months of the date the incident occurred. Failure to give timely notice bars your claim entirely in most cases. Some municipalities have even shorter notice requirements — as little as 45 to 90 days.

If a government vehicle caused your accident, contact an attorney immediately — you may have weeks, not years, to preserve your rights.

Wrongful Death Claims in Texas

If a family member died as a result of another party’s negligence, Texas gives surviving spouses, children, and parents two years from the date of death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code § 71.002. The estate may also file a survival claim for the deceased’s pre-death pain and suffering, subject to the same two-year deadline.

Why You Should Not Wait Until the Deadline Approaches

While two years sounds like ample time, waiting has serious consequences for the strength of your case:

• Physical evidence disappears. Damaged vehicles are repaired or sold. Road conditions change. Security footage is overwritten, often within 30 to 90 days.
• Witnesses forget. Memory fades and contact information changes. Witnesses become harder to locate every month that passes.
• Medical records become incomplete. Gaps in treatment give insurers grounds to argue that your injuries are not as serious as claimed.
• In truck and commercial vehicle cases, critical data is lost. Electronic logging device (ELD) data, dashcam footage, and maintenance records are routinely overwritten or destroyed unless a preservation letter is sent immediately.

The best time to contact a personal injury attorney is as soon as possible after the accident — not months or years later when the deadline is approaching.

Contact the Law Office of Chris Sanchez

Chris Sanchez is a personal injury attorney in McAllen, Texas who handles cases across the Rio Grande Valley, San Antonio, Houston, Austin, and statewide. The firm operates on a contingency fee basis — there are no upfront attorney fees, and you pay nothing unless compensation is recovered. Call (956) 616-2020 for a free consultation, or contact the firm online at therelentlesslawyer.com.

Frequently Asked Questions — Texas Personal Injury Deadlines

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 — city, county, state, or school district — 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 (like 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.