Texas gives most personal injury claimants two years to file a lawsuit. That's the general rule under Texas Civil Practice and Remedies Code §16.003. Miss that deadline by a day and you lose your right to recover — regardless of how serious your injuries are, how clear the other party's fault was, or how large your damages are. The court will dismiss your case.
Two years sounds substantial. In practice, it passes faster than most injured people expect — especially when they're dealing with medical treatment, insurance negotiations, and trying to get back to normal life. Here's every deadline you should know.
The General Rule: Two Years from the Date of Injury
For most personal injury claims in Texas — car accidents, slip and falls, dog bites, truck accidents, premises liability — the statute of limitations is two years from the date the injury occurred. The clock starts running from the date of the accident or harmful event, not from when you discovered the full extent of your injuries or when you decided to pursue a claim.
The filing deadline means the date you file your lawsuit in court, not the date you contact an attorney or the date you send a demand letter. Insurance negotiations don't stop the clock. If negotiations drag on past two years without a lawsuit filed, your claim may be barred even if the insurer was talking to you the whole time.
Government Entity Claims: 180 Days
If your injury occurred because of a government entity — the City of Austin, Travis County, TxDOT, a state agency — the Texas Tort Claims Act requires you to provide formal written notice of your claim within six months (180 days) of the injury. This notice requirement is separate from and in addition to the two-year filing deadline.
Miss the 180-day notice requirement and you may be barred from suing the government entity even if you file within two years. Government entity cases require an attorney immediately — not eventually.
Medical Malpractice: Two Years with a 90-Day Expert Report Requirement
Medical malpractice claims in Texas are governed by Texas Civil Practice and Remedies Code §74.251. The limitations period is also two years, but these cases have an additional requirement: within 120 days of filing suit, you must serve an expert report from a qualified medical expert supporting your claim. Failure to serve the report within 120 days results in dismissal with prejudice — meaning you cannot refile.
Medical malpractice cases also require specific pre-suit notice in some circumstances. Consult an attorney well before the two-year mark in any potential medical malpractice claim.
Claims Involving Minors: Until Age 20
When the injured person is a minor at the time of injury, the two-year statute of limitations is tolled (paused) until they reach age 18. This means the child has until their 20th birthday to file a personal injury claim, regardless of when the injury occurred.
However, parents filing on behalf of a minor child do not get this tolling — the standard two-year deadline applies to the parent's own claims (such as loss of consortium or medical expenses paid on behalf of the child). An attorney should evaluate which claims belong to whom in minor injury cases.
The Discovery Rule: When the Injury Wasn't Immediately Apparent
In some cases — particularly those involving exposure to toxic substances, product defects with latent effects, or injuries that develop over time — the claimant may not know they were injured until after the harm occurred. Texas recognizes a "discovery rule" that in certain cases delays the start of the limitations period until the claimant knew or should have known of the injury.
The discovery rule is narrow in Texas and heavily contested. Don't count on it applying to your case. If you believe your injury may have been latent or delayed in manifestation, contact an attorney immediately to evaluate whether the discovery rule applies and when your deadline runs.
Wrongful Death: Two Years from the Date of Death
Wrongful death claims in Texas under the Texas Wrongful Death Act are subject to a two-year statute of limitations running from the date of death, not the date of the underlying negligent act. Survival claims — brought on behalf of the deceased's estate for injuries the deceased suffered before death — are generally also subject to a two-year limitations period.
Why You Should Contact an Attorney Well Before the Deadline
The statute of limitations is a hard deadline, but it's not the only timeline that matters. Evidence preservation deadlines are often much shorter:
- Surveillance camera footage is typically overwritten within 30 to 90 days
- Black box data in truck accident cases may be overwritten or lost quickly without a litigation hold
- Witness memories fade with time
- Medical records from the time of injury are most valuable when obtained promptly
An attorney can issue a litigation hold letter, request records preservation, and begin building your case from day one. Starting earlier — even if you're not ready to file — protects your claim.
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Disclaimer: This article provides general legal information for educational purposes only. It does not constitute legal advice. Statutes of limitations are highly fact-specific. Consult a licensed Texas attorney for advice about your particular situation and deadlines.