Texas Statute of Limitations for Personal Injury Claims

In Texas, the personal injury statute of limitations is two years from the date of the injury under Tex. Civ. Pract. & Rem. Code § 16.003. This deadline applies to car accidents, slip and falls, wrongful death, and most other negligence claims. Missing it permanently ends your right to seek compensation. Limited exceptions apply for minors, the discovery rule, and government claims.

The Texas statute of limitations personal injury deadline is enforced strictly, with no grace period. Evidence fades, witnesses become harder to reach, and insurance leverage shifts the longer you wait.

How Long Is the Texas Statute of Limitations for Personal Injury Claims?

The Texas statute of limitations personal injury deadline gives you two years from the date of the accident to file a lawsuit in civil court. The clock starts on the day the injury occurs, and it runs to the same date two years later. An accident on March 15, 2024 sets a deadline of March 15, 2026. File on March 16, and the court dismisses the case, regardless of how strong the evidence is.

This rule applies to all Texas personal injury cases under § 16.003, including claims filed in Arlington and throughout the Dallas-Fort Worth area.

The lawsuit deadline and the insurance reporting deadline are not the same. Most auto insurers require you to report an accident within 30 days. Missing that window can limit your coverage options and give the insurer grounds to dispute the claim, even if your lawsuit is still timely.

Texas Personal Injury Deadlines by Claim Type

Most Texas injury claims share the same two-year deadline, but several claim types follow different rules. The list below covers the deadlines that come up most often in personal injury cases.

• Standard personal injury: 2 years from the date of injury. This is the default rule under § 16.003 for slip and falls, premises liability, and most negligence claims.
• Car and truck accidents: 2 years from the date of the accident. The same § 16.003 rule applies. The car accident statute of limitations by state shows how Texas compares to other jurisdictions.
• Wrongful death: 2 years from the date of death, not the date of the original injury. If someone is injured in January and dies in June, the wrongful death clock starts in June.
• Medical malpractice: 2 years from the date of the malpractice or the end of continuous treatment, with a 10-year statute of repose hard cap. No claim can be filed more than 10 years after the act of malpractice, even under the discovery rule.
• Bodily injury/negligence: 2 years. Same standard rule, applies to any negligence-based claim not covered by a specific statute.
• First-party auto insurance claims: 2 to 4 years depending on whether the policy is treated as a written contract. Uninsured motorist claims typically fall under the 4-year contract rule.
• Maritime claims: 3 years under federal law (the Jones Act and general maritime law). Texas state courts apply federal deadlines to maritime injury cases.
• Asbestos and silica-related injuries: clock starts at diagnosis or death, not at the time of exposure. Governed by § 16.0031.
• Sex crimes against adults: 5 years from the date of the assault.
• Sex crimes against minors: 30 years after the victim’s 18th birthday.

Each state sets its own deadline. The personal injury statute of limitations by state covers where Texas ranks among them.

Exceptions That Can Extend Your Filing Deadline in Texas

Texas courts apply filing deadline exceptions narrowly. None of them function as a general safety net for a missed deadline.

• Discovery rule: the clock starts when the injury is discovered or reasonably should have been discovered, rather than when it occurred. This applies only when the injury was genuinely impossible to detect at the time. The Texas Supreme Court has stated it should be used rarely and only in cases where the nature of the injury concealed itself from a reasonably diligent person.
• Minors and legally disabled persons: the clock pauses until the injured person turns 18, or until legal competency is restored. The disability must have existed at the time of the injury, not developed afterward.
• Defendant absent from Texas: if the defendant leaves the state after the injury and their absence prevents you from serving them with a lawsuit, that time out of state does not count toward the filing deadline. If service of process is possible despite the absence, this exception does not apply.
• Government entities: this is not an extension but a shorter, separate requirement. Under the Texas Tort Claims Act, you must file written notice of your claim within 6 months of the incident. Some cities, including Dallas and Houston, require notice within 30 to 90 days. Missing the notice deadline can bar your claim entirely, even before the standard period runs.
• Wrongful death: the clock runs from the date of death, not the date of the original injury. This is a separate cause of action with its own accrual date.

These exceptions do not extend automatically. Each requires specific facts, documented circumstances, and, in most cases, a formal legal argument. Comparative fault is a separate issue governed by Texas negligence laws, but it does not extend the filing deadline on its own.

What Happens If You Miss the Statute of Limitations in Texas?

Missing the filing deadline in Texas means losing your case permanently, regardless of how strong it is. The defendant files a motion to dismiss, and the court grants it without exception unless you can prove a valid tolling argument applies. No judge has discretion to overlook the deadline based on fairness or merit.

The practical consequences extend beyond the courthouse. Once the deadline passes, insurance adjusters know your leverage is gone. Negotiations that were moving forward often collapse because the insurer no longer faces the threat of a lawsuit. The personal injury claims process in Texas moves faster and with more options when the filing deadline has not expired.

For example, a driver runs a red light, hits your car, and liability is clear from a police report and three witnesses. You were hospitalized, your damages are documented, and the other driver’s insurer has acknowledged fault. You file the lawsuit one day after the deadline. The defendant moves to dismiss. The court grants it. The case is over.

How Tolling Works in Texas Personal Injury Cases

Tolling is the legal mechanism that pauses the statute of limitations clock while a specific qualifying condition exists. When tolling applies, the deadline does not run during that period. Once the condition ends, the clock resumes from where it stopped.

Three conditions trigger tolling in Texas personal injury cases:

• Minority: the clock does not run while the injured person is under 18. It starts on their 18th birthday.
• Legal incapacity: a person who is legally incapacitated at the time of the injury, such as someone with a severe cognitive disability, does not have the clock running until capacity is restored.
• Defendant’s absence from Texas: time spent out of state by the defendant does not count toward the deadline, but only if the absence prevented service of process.

Several common situations do NOT toll the clock:

• Not knowing about the filing deadline
• Choosing to wait before consulting a lawyer
• Waiting to see whether injuries worsen or resolve
• Ongoing settlement negotiations with an insurer

Tolling must be formally raised and documented in court. It does not apply automatically, and courts scrutinize tolling arguments closely. If you believe a tolling condition applies to your case, confirm how long you have to file a personal injury lawsuit in Texas with an attorney before assuming the deadline has shifted.

Get a Free Case Review From a Texas Personal Injury Lawyer

Thompson Law offers a Free Consultation with No Fee Unless We Win. Our personal injury lawyers will review your case, identify the applicable deadline, and advise you on whether any exception applies. Contact us to get started.

Frequently Asked Questions About the Texas Personal Injury Statute of Limitations

How long do I have to file a personal injury lawsuit in Texas?

You have two years from the date of the injury to file a personal injury lawsuit in Texas under Tex. Civ. Pract. & Rem. Code § 16.003. The clock starts on the day the accident or injury occurs. Missing that date ends your right to compensation regardless of the strength of your case.

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

Yes. Car and truck accident claims follow the same two-year rule under § 16.003. The clock starts on the date of the accident, not the date you discovered your injuries or the date treatment ended.

What is the discovery rule and when does it apply in Texas?

The discovery rule shifts the start of the clock to the date the injury was discovered or reasonably should have been discovered. Texas courts apply it narrowly, only when the injury was genuinely impossible to detect at the time it occurred. The Texas Supreme Court has stated it should be used rarely.

Can a minor file a personal injury claim after turning 18 in Texas?

Yes. When the injured person is a minor, the statute of limitations is tolled until their 18th birthday, at which point the standard period begins. A child injured at age 10 has until age 20 to file. A parent or guardian can also file on the child’s behalf before that deadline.

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

Wrongful death claims must be filed within two years of the date of death. The clock starts when the person dies, not when the original injury occurred.

What is the deadline for filing a claim against a Texas government entity?

Claims against government entities require written notice within 6 months of the incident under the Texas Tort Claims Act. Some cities require notice in as few as 30 to 90 days. Missing the notice requirement can bar your claim before the standard filing period runs.

What happens to my case if I miss the filing deadline in Texas?

Your case is dismissed. The defendant files a motion to dismiss, the court grants it, and you lose the right to seek compensation regardless of how strong your evidence is. Insurance negotiations also collapse once the deadline has passed.

¿Tienen abogados que hablen español para ayudarme con mi caso de lesiones personales en Texas?

Sí. Nuestro equipo atiende casos de lesiones personales en Texas, en español, incluyendo McKinney y sus áreas cercanas. Si tienes dudas sobre el plazo para presentar tu demanda, podemos explicarte tus opciones. Contáctanos para una consulta gratis. No cobramos a menos que ganemos tu caso.