Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in Texas
How long you have to file a personal-injury lawsuit in Texas, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in Texas
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
| How the clock works | In Texas | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a personal-injury lawsuit. |
| When it starts | Accrual | The clock generally starts when the cause of action accrues, which for most injuries is the date you were hurt. |
| Discovery rule | Yes | Narrow. Texas recognises a discovery rule only where the injury is inherently undiscoverable and objectively verifiable, so it applies to a limited set of cases and not to a typical accident. For most injuries the two years run from the incident. |
| Statute of repose | None | No general statute of repose applies to ordinary personal-injury negligence. Texas sets separate repose periods for specific areas (such as certain product-liability and construction claims), which are outside the standard §16.003 clock. |
| Statute | Tex. Civ. Prac. & Rem. Code §16.003(a) | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Claim against a government body | Notice within ~6 months | The Texas Tort Claims Act requires notice of a claim to the government unit, generally within 6 months of the incident (and some cities require notice even sooner by charter). This runs well before the two-year court deadline. |
| Injured person is a minor | Tolled during minority | A minor’s limitations period is generally tolled until adulthood, so the two years can run from when the child turns 18. |
| Wrongful death | 2 years from death | A wrongful-death action generally runs two years from the date of death. |
What you can do right now
Concrete, neutral steps if you were injured in Texas and the clock is running. This is legal information, not legal advice.
- Treat two years as your working deadline
Texas gives you two years from the date of injury to sue. Mark that date now and plan around it while you confirm the exact deadline for your situation.
- If a government body is involved, act within months
The Texas Tort Claims Act requires notice to the government unit, often within 6 months, and some cities require it sooner. That step comes long before the general two-year deadline.
- Preserve the injury date and evidence
Keep medical records, photos, and witness names, and record the exact date you were hurt. Texas generally runs the clock from the incident.
- Confirm the deadline with a Texas attorney
Limitations rules turn on the facts. A licensed Texas personal-injury lawyer can confirm your exact date. The State Bar of Texas runs a lawyer referral service.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of Texas — Lawyer Referral ServiceThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Texas injury claimants get wrong
Texas gives you two years to sue for a personal injury, under Civil Practice and Remedies Code §16.003(a), and the point most people miss is how limited the exceptions are. The discovery rule, which delays the clock for an injury you could not have known about, is unusually narrow in Texas: it applies only where the injury was both inherently undiscoverable and objectively verifiable, which is not a typical car crash or fall. So for most injuries the two years run from the day it happened, full stop. The second trap is government defendants. If a city, county, or state entity is involved, the Texas Tort Claims Act requires notice of the claim within roughly six months, and some cities demand it even sooner by charter, long before the two-year court deadline.
Common questions
How long do I have to sue after a car accident in Texas?
Texas gives you two years from the date of the accident to file a personal-injury lawsuit, under Civil Practice and Remedies Code §16.003(a).
What is the statute of limitations for personal injury in Texas?
Two years from the injury for most personal-injury claims, per §16.003(a). A narrow discovery rule and shorter government-claim notice deadlines can change the practical timeline.
Does Texas have a discovery rule for injuries?
Only a narrow one. Texas applies the discovery rule where an injury is inherently undiscoverable and objectively verifiable, which covers a limited set of cases. For an ordinary accident the two years generally run from the date of the injury.
Is the deadline shorter if I am suing a city or the state in Texas?
Practically, yes. The Texas Tort Claims Act requires notice of a claim to the government unit, generally within about 6 months, and some cities require notice sooner. That step comes well before the two-year court deadline.
What happens if I miss the two-year deadline in Texas?
A lawsuit filed after the limitations period runs can be dismissed on the defendant’s motion, regardless of the merits. A narrow discovery rule or tolling for a minor may apply, but you should not count on it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.