Texas Personal Injury Statute of Limitations — Exceptions and Special Rules

In Texas, the general rule is that you have two years from the date of your injury to file a personal injury lawsuit — but six significant exceptions can extend, pause, or modify that deadline, and missing any applicable deadline permanently bars your right to recover.

The Texas statute of limitations for personal injury is codified at Texas Civil Practice and Remedies Code § 16.003. Understanding when this clock starts, when it stops, and what exceptions apply to your situation is not just academic — it is the difference between preserving your legal rights and losing them forever.

The Two-Year General Rule: Tex. Civ. Prac. & Rem. Code § 16.003

Section 16.003 of the Texas Civil Practice and Remedies Code states that a person must bring a personal injury suit not later than two years after the day the cause of action accrues. In most cases, the cause of action accrues on the date the injury occurred — the day of the car accident, the slip and fall, the dog bite.

Exception 1: Minority (Injured Person Is Under 18)

When the injured person is a minor at the time of the incident, the statute of limitations is tolled — legally paused — until the minor turns 18 years old. At that point, the standard two-year clock begins to run. This means a child injured at age 10 has until age 20 to file a personal injury lawsuit on their own behalf under Tex. Civ. Prac. & Rem. Code § 16.001(a).

Exception 2: Mental Incapacity

If the injured person is of unsound mind at the time the cause of action accrues — meaning they lack the mental capacity to understand and pursue a legal claim — the statute of limitations is also tolled under § 16.001(a). The clock does not begin running until the period of incapacity ends.

Exception 3: The Discovery Rule — When the Injury Was Not Immediately Apparent

The discovery rule is one of the most important exceptions. Under this rule, the two-year clock does not begin to run until the plaintiff knew or, in the exercise of reasonable diligence, should have known of the injury and its likely cause. This applies to latent injuries such as toxic exposure or surgical errors.

Exception 4: Fraudulent Concealment — Defendant Hid the Negligence

If the defendant engaged in fraudulent concealment — actively hiding their negligence or its consequences — the statute is tolled until the plaintiff discovered or should have discovered the concealment. You must prove the defendant had actual knowledge of the wrong and took affirmative steps to hide it.

Exception 5: Government Entities — Texas Tort Claims Act Notice Requirement

Claims against government entities (cities, counties, the State of Texas) are governed by the Texas Tort Claims Act (TTCA). You must provide written notice of a claim no later than six months after the incident under Tex. Civ. Prac. & Rem. Code § 101.101. Some city charters require notice in as little as 30 to 90 days.

Exception 6: Wrongful Death — Two Years From Date of Death

Texas wrongful death claims are governed by Tex. Civ. Prac. & Rem. Code § 16.003(b). The two-year limitations period runs from the date of death — not the date of the underlying injury.

Frequently Asked Questions — Texas Statute of Limitations

What is the personal injury statute of limitations in Texas?

The general deadline is two years from the date of injury, under Tex. Civ. Prac. & Rem. Code § 16.003. However, multiple exceptions can extend or modify this deadline, including minority, mental incapacity, the discovery rule, and fraudulent concealment.

What is the deadline for filing a claim against a Texas city or county?

Under the Texas Tort Claims Act, you must provide written notice to the government entity within six months of the incident. Failure to provide this notice permanently bars the claim, even if the two-year filing window is still open.

Does the two-year clock start on the date of the accident or the date I discovered my injury?

In most cases, it starts on the date of the accident. The discovery rule extends the start of the clock only when the injury was inherently undiscoverable at the time of the negligent act — not simply because symptoms appeared later.

Can an insurance settlement negotiation pause the statute of limitations?

No. Active settlement negotiations do not toll the statute of limitations under Texas law. If the two-year deadline passes while you are negotiating, your right to file suit is extinguished.

What is the statute of limitations for wrongful death in Texas?

Under Tex. Civ. Prac. & Rem. Code § 16.003(b), a wrongful death lawsuit must be filed within two years of the date of death — not the date of the accident.