How Long Do You Have to File a Personal Injury Claim in Texas?

If you’ve been injured due to someone else’s negligence in Texas, understanding the time limits for taking legal action is crucial.

The “statute of limitations” is essentially a legal countdown clock that limits how long you have to file a lawsuit after an injury occurs.

In Texas, the general rule gives you two years from the date of your injury to file a personal injury claim.

Missing this deadline can permanently bar you from seeking compensation—regardless of how strong your case might be. This time restriction applies whether you were injured in a car accident in Dallas, suffered a slip and fall in Fort Worth, or experienced medical malpractice in Plano.

Navigating these deadlines can be complex, especially when exceptions apply to your situation.

Consulting with a qualified personal injury lawyer can help ensure you don’t miss critical filing deadlines. If you’ve been injured in Texas, don’t wait—explore your legal options today.

Texas Statute of Limitations for Personal Injury Claims

According to Texas Civil Practice and Remedies Code § 16.003, personal injury claims in Texas must be filed within two years from the date the cause of action accrues—typically the date when the injury occurred.

As the law states:

“…a person must bring suit for personal injury not later than two years after the day the cause of action accrues.”

This two-year deadline applies to virtually all personal injury cases, including:

• Car, truck, and motorcycle accidents
• Slip and fall incidents
• Dog bites
• Medical malpractice
• Product liability cases
• Wrongful death claims
• Workplace injuries (outside of workers’ compensation)

⚠️ Important: The clock starts ticking on the date of the injury in most cases, not when you decide to take legal action.

What Happens If You Miss the Deadline?

The consequences of missing the statute of limitations are severe and often irreversible:

• Complete loss of legal rights: The court will almost certainly dismiss your case if filed after the deadline.
• Insurance claim denials: Insurance companies will automatically reject claims filed after the statute expires.
• No compensation: You’ll lose the opportunity to recover damages for medical bills, lost wages, pain and suffering, and other losses.

Even if you have overwhelming evidence and the other party was clearly at fault, courts strictly enforce these time limits with few exceptions.

Don’t assume your time hasn’t expired—check with a lawyer immediately if you’re approaching the two-year mark.

Exceptions to the Statute of Limitations

While the two-year rule applies in most cases, Texas law recognizes several situations where the statute of limitations may be “tolled” (paused) or extended:

Injuries to Minors

When a child under 18 suffers an injury, the statute of limitations doesn’t begin until their 18th birthday. This means a minor typically has until their 20th birthday to file a personal injury lawsuit, regardless of when the injury occurred.

Parents can still file on behalf of their child before they turn 18, but the extended deadline ensures the child’s rights are protected even if parents don’t take action.

Mental Incapacity

If the injured person is of “unsound mind” at the time of the injury—meaning they lack the mental capacity to understand their legal rights—the statute of limitations may be tolled until the person regains capacity.

This exception requires strong evidence of incapacity and doesn’t automatically apply to all mental health conditions.

Discovery Rule

In some cases, injuries aren’t immediately apparent or can’t reasonably be discovered right away. Under Texas’ “discovery rule,” the statute of limitations may not begin until the date you discovered or reasonably should have discovered your injury.

This exception commonly applies to:

• Toxic exposure cases
• Medical malpractice where issues appear later
• Defective medical devices or drugs with delayed effects
• Latent diseases like mesothelioma

The Texas Supreme Court has limited this rule’s application, making it essential to consult with an attorney if you believe it applies to your situation.

Defendant Leaves the State

If the person or entity responsible for your injury leaves Texas after the incident but before you can file your lawsuit, the time they spend outside the state might not count toward your two-year deadline.

According to Texas Civil Practice and Remedies Code § 16.063, the statute of limitations can be paused during the period when the defendant is absent from the state.

Fraud or Concealment

If the responsible party actively concealed their negligence or fraudulently prevented you from discovering critical information about your injury, courts may toll the statute of limitations until the fraud or concealment is discovered.

This exception requires proof that:

1. The defendant knew about their wrongdoing
2. They deliberately concealed it
3. You couldn’t have reasonably discovered it earlier

Government Claims

📌 Special rules apply when filing claims against government entities in Texas:

Before filing a lawsuit against a government entity, you must submit a formal “notice of claim” within these shorter timeframes. Some Texas cities have notice requirements as short as 45-90 days after an incident.

Example: If you’re injured by a Dallas city bus, you must file a notice of claim with the city within six months, but some smaller municipalities might require notice within just 90 days.

Why You Should Act Quickly (Even If You Have Time)

Even though you technically have up to two years to file, waiting can seriously damage your case:

🕒 Evidence Deteriorates Rapidly

• Witness memories fade – Details become less clear over time
• Surveillance footage may be deleted within 30-90 days
• Accident scenes change – Road repairs, property modifications
• Medical records may become more difficult to connect to the incident

🏢 Insurance Companies Use Delays Against You

Insurance adjusters are trained to look for delayed medical treatment or gaps in care as reasons to reduce or deny your claim. The longer you wait, the easier it is for them to argue:

• Your injuries weren’t serious
• Your injuries came from something else that happened after the incident
• You failed to mitigate your damages by delaying treatment

💪 Early Filing Increases Settlement Leverage

Filing early shows the insurance company you’re serious and prepared. This often leads to faster, more favorable settlements because:

• The threat of litigation is more credible
• They can’t use delay tactics to pressure you as the deadline approaches
• Your attorney has more time to build a comprehensive case

What to Do After a Personal Injury in Texas

After suffering an injury in Texas, take these essential steps to protect your rights and strengthen your potential claim:

✅ Seek immediate medical attention

• Even if injuries seem minor (some symptoms develop days later)
• Follow all treatment recommendations
• Keep all appointments

✅ Document everything

• Take photos of injuries, accident scene, property damage
• Get contact information from witnesses
• Keep receipts for all expenses related to your injury
• Start a “pain journal” documenting your recovery

✅ Report the incident

• Car accidents: File a police report
• Workplace injuries: Notify your employer
• Slip and falls: Report to property owner/manager
• Dog bites: Contact animal control

✅ Notify your insurance company

• Report the incident promptly (but stick to facts)
• Don’t give recorded statements without legal advice
• Don’t accept quick settlement offers

✅ Contact a personal injury attorney

• Most offer free consultations
• Get advice before communicating further with insurance companies
• Understand your rights and deadlines

How a Personal Injury Attorney Can Help

A qualified Texas personal injury lawyer provides critical assistance throughout your case:

Deadline Analysis

They’ll determine exactly when your statute of limitations expires and identify any applicable exceptions, ensuring you never miss a critical filing deadline.

Evidence Preservation

Attorneys can send “spoliation letters” requiring parties to preserve evidence like surveillance footage, vehicle data, or business records that might otherwise be destroyed.

Case Valuation

Experienced lawyers can accurately assess what your case is worth by:

• Calculating current and future medical expenses
• Determining lost income and earning capacity
• Evaluating non-economic damages like pain and suffering

Strategic Negotiations

Your attorney will handle all communications with insurance companies, preventing you from making statements that could hurt your case and ensuring you don’t settle for less than you deserve.

Timely Filing

If a settlement can’t be reached, your lawyer will prepare and file your lawsuit before the statute of limitations expires, protecting your right to compensation.

👉 Need help navigating Texas’ legal deadlines? Contact a qualified attorney today through Texas Lawyer Finder.

Hypothetical Scenario: The Missed Deadline

A man injured in a slip and fall at a Frisco grocery store waited 26 months to consult a lawyer, believing his ongoing negotiations with the store’s insurance company stopped the clock. Unfortunately, the statute of limitations had expired, and he lost his right to compensation despite having clear evidence of the store’s negligence.

FAQs About Texas Personal Injury Time Limits

What is the statute of limitations for personal injury in Texas?

In most cases, you have two years from the date of injury to file a personal injury lawsuit in Texas. This deadline is set by Texas Civil Practice and Remedies Code § 16.003 and applies to most injury cases including car accidents, slip and falls, and negligence claims.

Can you file a personal injury claim after 2 years?

Generally, no. If you attempt to file after the two-year deadline has passed, the court will likely dismiss your case regardless of its merits. However, certain exceptions might apply that could extend your filing deadline, such as injuries to minors or cases where the injury wasn’t immediately discoverable.

What if I didn’t discover my injury right away?

Texas recognizes the “discovery rule,” which may extend the statute of limitations in cases where the injury couldn’t reasonably be discovered immediately. The two-year clock may begin running from the date you discovered or should have discovered your injury, rather than when it actually occurred. This often applies in medical malpractice or toxic exposure cases.

How long do I have to sue the government in Texas?

Claims against government entities in Texas have shorter notice requirements. You typically must file a formal notice of claim within 6 months for state agencies and 3-6 months for cities or counties. After providing notice, you still have up to two years to file the actual lawsuit, but failing to provide timely notice can bar your claim completely.

Do minors have different deadlines in Texas personal injury law?

Yes. For minors (under 18 years old), the two-year statute of limitations doesn’t begin until their 18th birthday. This means they typically have until their 20th birthday to file a personal injury lawsuit, regardless of when the injury occurred during their childhood.

🔍 Local Legal Resources

For more information about Texas personal injury laws and statutes of limitations, these authoritative sources can help:

• Texas Judicial Branch: Official information about Texas courts and legal procedures
• State Bar of Texas: Resources for finding qualified legal help
• Texas Law Help: Free legal information for Texas residents
• Texas Civil Practice and Remedies Code: The official state statutes governing personal injury claims

Don’t Let Time Run Out on Your Claim

Understanding and following Texas’ statute of limitations is essential for protecting your right to compensation after an injury. While the general two-year rule seems straightforward, various factors can complicate determining exactly when your deadline expires.

The safest approach is to consult with a qualified personal injury attorney as soon as possible after your injury. An experienced lawyer can analyze your specific situation, identify any exceptions that might apply, and ensure all deadlines are met.

Don’t wait until it’s too late—contact a Texas personal injury attorney today to protect your rights and get the compensation you deserve.