By Fernando J. Lopez, Texas Personal Injury Attorney | Updated June 18, 2026
If you were hurt in Texas and you have not called a lawyer yet, the most important thing you need to know right now is how much time you have left. The texas personal injury statute of limitations sets a hard deadline for filing your case. Miss it and your claim is gone, regardless of how strong the evidence is or how serious your injuries were. In most cases, Texas law gives you two years from the date of your injury. This post covers every deadline, every exception, and what happens when people wait too long. The Lopez Law Group has handled personal injury cases across Texas for over 15 years and we have seen too many valid claims disappear because someone did not know the clock was running.
Quick Answer: The texas personal injury statute of limitations is two years under Texas Civil Practice and Remedies Code §16.003. The deadline starts on the date of the injury or the date of the accident. Exceptions exist for minors, the discovery rule, and government entity claims. If a government vehicle or property caused your injury, you may have as little as six months to serve written notice. Call a personal injury lawyer before you run out of time.
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What Is the Texas Personal Injury Statute of Limitations?
Definition: The texas personal injury statute of limitations is the legal deadline by which an injured person must file a lawsuit in Texas courts. Under Texas Civil Practice and Remedies Code § 16.003, most personal injury claims in the state of Texas must be filed within two years of the date of the injury or the date of the accident. Missing this deadline gives the defendant an absolute right to have your case dismissed.
The civil statute of limitations exists for two reasons. It protects defendants from being sued years after an event when evidence and memories have faded. And it pushes injured people to act while the facts of the case can still be established.
Texas statutes set different windows depending on the type of injury and who caused it. Knowing which statute of limitation applies to your situation is the first step. The second step is not waiting.
The Two-Year Statute of Limitations: How It Works in Texas
The two-year statute of limitations is the rule that applies to the overwhelming majority of personal injury cases in Texas. Here is how the clock works:
- Identify the trigger date. In most cases, the statute of limitations clock starts on the date of the accident or the date of the injury. If you were hurt in a car accident on I-35 on January 10, 2025, your deadline to file a personal injury lawsuit in Texas is January 10, 2027.
- Count two years forward from that date. Two years from the date of the accident. Not from when you finished medical treatment. Not from when the insurance company stopped calling. Two years from the date your injury occurs.
- File your lawsuit in the correct Texas court before that date. Filing means your petition is formally served on the defendant. Preparing the paperwork does not count. The clock stops only when the lawsuit is properly filed in court.
- Understand what happens if you miss it. The defendant files a motion to dismiss based on the statute of limitations period expiring. Texas courts grant these motions. Your personal injury case is dismissed with prejudice and you cannot refile.
The two-year statute applies to car accidents, truck crashes, slip and fall cases, dog bites, and most other standard personal injury claims. File your claim on time. There is no workaround once the deadline passes.
Different Statutes of Limitations by Case Type in Texas
Not every personal injury case follows the same deadline. Texas law sets different statutes of limitations depending on who caused your injury and what type of harm occurred.
| Case Type | Statute of Limitations | Governing Statute | Notes |
|---|---|---|---|
| Car accident | 2 years | CPRC §16.003 | Starts on date of accident |
| Truck / 18-wheeler accident | 2 years | CPRC §16.003 | Federal records must be preserved fast |
| Slip and fall / premises liability | 2 years | CPRC §16.003 | Starts on date of fall |
| Dog bite | 2 years | CPRC §16.003 | Starts on date of bite |
| Workplace injury (no workers comp) | 2 years | CPRC §16.003 | Starts on date of injury |
| Wrongful death | 2 years | CPRC §71.002 | Starts on date of death, not date of accident |
| Medical malpractice | 2 years + 10-year repose | CPRC §74.251 | Discovery rule applies with strict limits |
| Government entity claim | 6-month notice + 2 years | Texas Tort Claims Act §101.101 | Written notice required first |
| Product liability | 2 years | CPRC §16.003 | Discovery rule may apply |
| Breach of written contract (injury related) | 4 years | CPRC §16.004 | Four-year statute of limitations applies |
These different statutes of limitations mean the rules for your case depend on the specific facts. A car accident victim injured in Austin has a different set of deadlines than someone hurt by a government vehicle in Hidalgo County or a patient harmed by a Texas medical malpractice case. Identify your case type early and act accordingly.
The Discovery Rule: When the Clock Starts Later
Definition: The discovery rule in Texas personal injury law delays the start of the statute of limitations period until the injured person knew or reasonably should have known that they suffered an injury caused by another party’s negligence. Texas courts apply this rule narrowly and only when the nature of the injury makes it inherently undiscoverable at the time it occurs.
The discovery rule matters most in cases involving toxic exposure, latent medical device failures, or injuries that do not produce visible symptoms right away. In those situations, the statute of limitations clock does not start on the date of the accident. It starts on the date you knew or should have known you had a compensable injury.
Here is where people make a serious mistake. They assume the discovery rule automatically applies to their case because they did not realize how bad their injury was at the time. Texas courts do not see it that way. For a standard car accident on IH-2 or US-83, the injury is obvious at the scene. The clock starts immediately. The discovery rule does not save a standard car accident claim filed three years later.
If you believe the discovery rule may apply to your situation, talk to a personal injury attorney before assuming you still have time.
Tolling the Statute of Limitations in Texas
Tolling pauses the statute of limitations clock. Texas law recognizes several situations where the limitations period stops running temporarily. Each one requires specific facts and a court’s agreement.
- Injured person is a minor at the time of the accident. Under CPRC §16.001, if you were under 18 when the injury occurred, the clock does not start until your 18th birthday. You then have two years from that date to file a civil lawsuit.
- Defendant is absent from Texas. Time the defendant spends outside the state of Texas after the injury may not count toward the limitations period.
- Injured person has a legal disability. Mental incapacity at the time of the injury can toll the two-year statute under CPRC §16.001.
- Fraudulent concealment by the defendant. If the party responsible for your injury actively hid their negligence, Texas courts may toll the deadline from the date you discovered or should have discovered the concealment.
- Defendant files for bankruptcy. An automatic stay can pause the statute of limitations clock temporarily.
Tolling personal injury texas claims is not automatic. You cannot simply claim tolling and expect the court to agree. The burden is on you to prove the specific facts that justify it. Do not gamble on tolling being available. File your claim on time and let your lawyer argue tolling as a backup if needed.
The Wrongful Death Statute of Limitations in Texas
Texas wrongful death claims are governed by CPRC §71.002. The two-year statute of limitations for wrongful death starts on the date of death, not the date of the underlying accident. This distinction matters more than people realize.
Say a family member was hurt in a crash on US-281 on March 1, 2024, and died from those injuries on June 15, 2024. The deadline to file a wrongful death lawsuit is June 15, 2026, not March 1, 2026. The clock runs from the date of death.
Who can file a wrongful death lawsuit in Texas: surviving spouse, children, and parents of the deceased. The estate of the deceased may also bring a survival action under a separate statute. Both claims can often be filed together.
If you lost a family member due to someone else’s negligence, talk to an experienced Texas wrongful death attorney about your timeline as soon as possible. A wrongful death claim requires a significant amount of evidence gathering and that work takes time.
Texas Medical Malpractice Statute of Limitations
Texas medical malpractice cases follow a different set of rules. Under CPRC §74.251, you have two years from the date of the negligent act or the date you discovered the injury to file a medical malpractice lawsuit. Whichever comes first controls.
Texas also imposes a hard statute of repose for medical malpractice cases. No case can be filed more than ten years after the negligent act regardless of when you discovered the injury. This is the statute of repose and Texas courts apply it without exception.
There is also a pre-suit notice requirement. Before you file a civil lawsuit for medical malpractice in Texas, you must serve a written 60-day notice letter on each defendant. This notice must be accompanied by an expert report from a qualified medical professional. Failure to serve this notice properly can void your claim before it starts.
Texas medical malpractice law is one of the more technical areas of personal injury law in the state. If you suspect a doctor or hospital caused your injury, do not wait to get legal advice. The filing deadline for medical malpractice cases in Texas moves faster than most people expect.
Government Entity Claims: Shorter Deadlines You Must Know
If a government vehicle, government employee, or government-owned property caused your injury, the Texas Tort Claims Act applies. The deadline for filing a claim against a government entity in Texas is shorter than the standard two-year rule and the process is different.
Key rules under Texas Tort Claims Act §101.101:
- You must serve written notice on the government entity within six months of the incident date. This is your notice deadline, not your lawsuit deadline.
- The written notice must include the date, time, place, and description of the incident and your injury.
- This applies to: city of Austin, city of Dallas, TxDOT, school districts, Texas counties, state agencies, and any other government unit in Texas.
- After serving notice, the standard two-year statute of limitations still applies for filing the actual lawsuit in Texas courts.
- If you fail to serve written notice within six months, your claim is barred. Texas courts enforce this rule strictly.
This one-year statute (or less) window for government entity notice catches people completely off-guard. Many injured people spend the first six months dealing with medical treatment and insurance and never realize they needed to file a formal notice letter. If any government entity was involved in your accident, call a lawyer the same week the accident happens.
What Happens If You Miss the Filing Deadline?
Missing the texas injury lawsuit deadline is not a procedural inconvenience. It ends your case entirely.
When you file after the statute of limitations has expired, the defendant files a plea to the jurisdiction or a motion to dismiss based on the expired limitations period. Texas courts grant these motions consistently. Your personal injury case is dismissed with prejudice. You cannot refile. You cannot go to a different court. The case is over.
Here is what that means practically:
- You lose the right to recover any compensation, no matter how strong your evidence is
- The insurance company has no incentive to offer you a dollar once the deadline passes
- Tolling exceptions are reviewed by courts and rarely granted without strong documented facts
- No amount of medical records, witness statements, or accident reconstruction saves a time-barred claim
If you are worried that the statute of limitations has expired on your case, call a lawyer anyway. There may be tolling arguments available. But do not wait another day hoping the deadline does not apply to you.
How to Build a Strong Case Before the Deadline
Knowing the deadline is one thing. Building a strong case before it arrives is another. Here are the steps that matter most:
- Seek medical care immediately after your injury. Medical records dated close to the accident scene establish the connection between the incident and your injuries. Gaps in care hurt your claim.
- Document everything at the scene. Photos, witness names, police report numbers, and any surveillance camera locations. This evidence disappears fast.
- Save all medical bills and out-of-pocket costs. Every receipt related to your injury is part of your damages calculation.
- Record how the injury affects your daily life. A written journal of your pain and suffering, missed work days, and limitations on activity is powerful evidence.
- Contact a personal injury attorney early. The further you are from the accident date, the harder it is to gather evidence. Call a lawyer while the case is still buildable.
- Do not sign anything from the insurance company without legal review. Releases and statements can waive your rights before you have a full picture of your losses.
The legal claim you have today is strongest right now. Pain and suffering damages, medical bills, lost wages, and long-term disability all need to be documented before they are gone.
Texas Injury Statistics
| Statistic | Year | Source | Why It Matters |
|---|---|---|---|
| Texas recorded 15,299 serious injury crashes statewide | 2023 | TxDOT CRIS | High volume of active personal injury deadlines running simultaneously across Texas courts |
| One person was injured in a Texas crash every 2 minutes and 24 seconds | 2023 | TxDOT CRIS | Reinforces urgency of acting quickly after any accident in Texas |
| Texas recorded 4,283 traffic fatalities | 2023 | TxDOT CRIS | Supports the volume of wrongful death claims and the importance of knowing the CPRC §71.002 deadline |
| Medical malpractice claims represent a significant share of Texas civil litigation | est. | Texas Department of Insurance | Supports the importance of knowing the separate SOL rules for medical malpractice cases |
According to TxDOT in 2023, nearly 4,300 people were killed on Texas roads in a single year. Every one of those deaths represents a potential wrongful death lawsuit with its own two-year deadline running from the date of death. Claims in Texas pile up quickly and courts are not lenient when deadlines pass.
Common Mistakes That Cost Injured People Their Cases
These are the mistakes we see most often in Texas personal injury cases. Each one can end a valid claim before it ever reaches a courtroom.
- Assuming the time limit is the same as the insurance claim deadline. The texas personal injury filing deadline for filing a lawsuit and the deadline for submitting an insurance claim are different. The statute of limitations governs your legal right to sue. Do not confuse the two.
- Missing the Texas Tort Claims Act six-month notice requirement. If a government vehicle or property caused your injury and you do not serve written notice within six months, your claim is barred under the Texas Tort Claims Act. This surprises more people than any other rule.
- Waiting until treatment is finished before calling a lawyer. Evidence disappears while you recover. Surveillance footage gets overwritten. Witnesses relocate. Call a lawyer while the case is still buildable.
- Assuming the discovery rule automatically applies. Texas courts apply the discovery rule narrowly. A standard car crash injured in a car accident on I-45 does not get the benefit of the discovery rule just because symptoms were delayed.
- Failing to serve the pre-suit notice in a medical malpractice case. Without a proper 60-day notice letter and expert report, your Texas medical malpractice case is void before it starts.
- Relying on the insurance company to track your deadline. The insurer has no obligation to remind you when the statute of limitations for personal injury is about to expire. It is not their job to protect your rights.
- Filing in the wrong court or county. Venue matters in Texas personal injury cases. Filing in the wrong venue can cause procedural delays that push you past your deadline for filing.
- Assuming a minor’s deadline matches an adult’s. If your child was injured in Texas, the two-year clock tolls until their 18th birthday. The rules are different and a Texas personal injury attorney can walk you through them.
Expert Insight from Attorney Fernando J. Lopez
“In our experience handling personal injury cases across Texas, the statute of limitations is the one rule that ends more valid claims than any other single factor. People think they have time. They wait until treatment is done. They wait until they feel ready. And then they call us two weeks before the deadline with a strong case and barely enough time to file. The moment you are injured in Texas is the moment you should talk to an experienced personal injury attorney. Waiting costs people their cases every single year.” — Fernando J. Lopez, The Lopez Law Group
When to Call a Texas Personal Injury Lawyer
Most people wait too long. By the time they file a claim or call a lawyer, key evidence is gone and the statute of limitations is closing in fast.
Call The Lopez Law Group if any of these apply:
- Your accident happened within the last two years and you have not yet filed a claim or contacted a texas personal injury lawyer
- A government vehicle or government-owned property was involved and you have not served the required six-month notice yet
- You are not sure whether the discovery rule applies to your specific injury or situation
- Your injury was caused by medical negligence and you are unsure about the two-year filing deadline or the statute of repose
- A family member died from injuries caused by another person’s negligence and you need to file a wrongful death claim
- You were injured as a minor and you are not sure how the tolling rules apply to your date of your injury
- The insurance company is dragging out negotiations and the deadline for filing is getting closer
Call The Lopez Law Group at (956) 968-7800 for a free consultation. We serve clients across Texas from our offices in Weslaco, Houston, Austin, and Dallas. We handle every personal injury case on a no-win-no-fee basis. You pay nothing unless we win.
Frequently Asked Questions
What is the statute of limitations for personal injury in Texas?
The statute of limitations personal injury texas sets a two-year deadline from the date of the injury or the date of the accident. Under Texas Civil Practice and Remedies Code §16.003, most injured persons in Texas must file a personal injury lawsuit within two years or lose their right to recover compensation entirely. Exceptions exist for minors, government entity claims, and cases involving the discovery rule.
What is Texas Civil Practice and Remedies Code §16.003?
Texas Civil Practice and Remedies Code § 16.003 is the primary statute governing personal injury deadlines in Texas. It establishes the two-year statute of limitations for most civil lawsuit filings involving personal injury, property damage, and related claims in the state of Texas. The code § 16.003 is the foundation of nearly every personal injury case timeline in Texas courts.
Does the discovery rule apply to my Texas personal injury case?
The discovery rule texas personal injury cases may benefit from applies only when the nature of the injury is inherently undiscoverable at the time it occurs. Texas courts apply it narrowly. Standard car accidents, slip and falls, and workplace injuries where the harm is obvious at the scene do not qualify. Toxic exposure and latent medical device injuries are more likely candidates.
What is the wrongful death statute of limitations in Texas?
The wrongful death statute of limitations in Texas is two years from the date of death under CPRC §71.002. The period begins on the date the injured person dies from their injuries, not on the date of the underlying accident. File a wrongful death lawsuit within that window or the claim is barred.
What is the statute of limitations for medical malpractice in Texas?
The statute of limitations medical malpractice texas imposes is two years from the date of the negligent act or the date of discovery, whichever is earlier, under CPRC §74.251. A hard ten-year statute of repose also applies, meaning no medical malpractice case can be filed more than ten years after the negligent act regardless of when the injury was discovered.
How long do I have to file a claim against a Texas government entity?
Under the Texas Tort Claims Act §101.101, you must serve written notice on the government entity within six months of the incident. This notice deadline is separate from and shorter than the standard two-year statute of limitations for personal injury cases. Failure to serve notice within six months bars your claim entirely. Contact a lawyer immediately if any government entity was involved.
Can the statute of limitations be extended in Texas?
Yes, but only in limited circumstances recognized by Texas courts. Tolling personal injury texas deadlines is available for minors, people with legal disabilities at the time of injury, cases involving the defendant’s fraudulent concealment, and situations where the defendant leaves Texas after the injury. Tolling is not automatic and requires court approval. Do not assume it applies without talking to a lawyer.
What happens if I miss the personal injury filing deadline in Texas?
If the statute of limitations has expired, the defendant will file a motion to dismiss. Texas courts almost always grant these motions. Your civil lawsuit is dismissed with prejudice, meaning you cannot refile in any Texas court. No evidence and no amount of damages can save a time-barred claim. The insurance company also has no reason to offer a settlement once the deadline has passed.
Does the two-year statute apply to car accidents in Texas?
Yes. The statute of limitations car accident texas follows is two years from the date of the accident under CPRC §16.003. This applies whether the crash happened on IH-69, US-83, I-35, or anywhere else in the state. The clock starts on the accident date. If a government vehicle was involved, the Texas Tort Claims Act six-month notice requirement also applies.
How long do I have to file a personal injury lawsuit if I was a minor when the accident happened?
If you were injured in Texas as a minor, the two years to file a personal injury claim does not begin until your 18th birthday under CPRC §16.001. You then have two years from that date to file your lawsuit. This tolling rule applies automatically. However, waiting until adulthood means evidence may be harder to collect, so speaking with a lawyer early is still a good idea even if the deadline is technically further away.
The Bottom Line on Your Texas Filing Deadline
The texas personal injury statute of limitations is the rule that ends more valid claims than anything else in Texas law. Two years sounds like a long time. It is not. Treatment takes months. Insurance negotiations drag on. Life gets in the way. And then one day the deadline is two weeks out and the case is almost too late to save.
Do not let that happen to you. Contact a texas personal injury attorney at The Lopez Law Group while your case is still buildable. We handle personal injury cases across Texas on a no-win-no-fee basis. You pay nothing unless we recover compensation for you.
Call (956) 968-7800 for a free consultation. Available 24 hours a day. You can also reach us through our contact page or by WhatsApp. Hablamos español. And if you are ready to talk to an experienced personal injury attorney who knows Texas law, we are here right now. Follow us on Facebook, Instagram, and X for the latest updates!
About the Author
Fernando J. Lopez is a Texas personal injury attorney and founder of The Lopez Law Group. With over 15 years of experience and more than $25 million recovered for injury victims across Texas, he represents clients injured in car accidents, truck crashes, workplace incidents, wrongful death cases, and more. Mr. Lopez serves clients in Austin, Dallas, Houston, the Rio Grande Valley, and across the state. He is a National Trial Lawyers Top 100 member and an experienced personal injury lawyer who serves clients in both English and Spanish. Read his full bio.
