Texas Personal Injury Statute of Limitations: What You Need to Know

The 2-Year Rule

Under Texas Civil Practice & Remedies Code §16.003, you have two years from the date of your injury to file a personal injury lawsuit in civil court. This applies to the most common types of personal injury cases in Texas:

• Car and truck accidents
• Motorcycle accidents
• Slip and fall injuries
• Workplace accidents
• Dog bites
• Defective product injuries

The two-year clock typically starts on the date the accident occurred — not the date you first felt pain, not the date you visited a doctor, and not the date you realized how serious your injuries were.

When Does the Clock Start?

In most cases, the statute of limitations begins on the day of the accident. However, Texas recognizes a legal principle called the "discovery rule" which can shift the start date in limited circumstances.

Under the discovery rule, the clock begins when you discovered — or reasonably should have discovered — that you suffered an injury caused by someone else's negligence. The Texas Supreme Court has applied this rule narrowly, limiting it to cases where the nature of the injury was inherently undiscoverable at the time it occurred. This most commonly applies to:

• Injuries caused by exposure to toxic substances where symptoms develop over time
• Medical injuries where the harm isn't immediately apparent
• Cases where the cause of injury wasn't immediately identifiable

Exceptions That Can Extend Your Deadline

Texas law recognizes several situations where the two-year deadline may be extended:

Minor Victims

If the injured person was under 18 years old at the time of the accident, the two-year clock does not start until their 18th birthday. Under Texas Civil Practice & Remedies Code §16.001, a child injured at age 10 has until age 20 to file.

Legal Incapacity

Under §16.001, if the injured person was of unsound mind at the time of the injury — meaning they were legally incapacitated — the limitations period is tolled (paused) until the incapacity ends.

Defendant Leaves Texas

Under Texas Civil Practice & Remedies Code §16.063, if the at-fault party leaves Texas after the accident and before the lawsuit is filed, the time they spend outside the state may not count toward the two-year period.

Fraudulent Concealment

If the defendant actively concealed their wrongdoing or your injury from you, Texas courts may toll the statute of limitations until you discovered — or should have discovered — the fraud.

Government Claims — A Much Shorter Deadline

If your injury was caused by a Texas government entity — a city, county, state agency, or public employee acting in their official capacity — you face a significantly shorter deadline.

Under the Texas Tort Claims Act (Texas Civil Practice & Remedies Code §101.101), you must file a formal notice of claim with the government entity within 6 months of the incident. This is a separate requirement from filing your lawsuit, and missing it can bar your claim entirely.

Government claims that may fall under this shortened deadline include accidents involving:

• City or county vehicles
• Public transportation
• Government-owned property (parks, government buildings)
• Public school employees

What Happens If You Miss the Deadline?

Missing the Texas statute of limitations is almost always fatal to your case. If you attempt to file a lawsuit after the deadline has passed, the defendant's attorney will file a motion to dismiss. Texas courts are required to grant that motion — your case will be thrown out, and you will receive nothing.

No settlement. No jury trial. No compensation for your medical bills, lost wages, or pain and suffering.

There are extremely rare circumstances where courts make exceptions, but they are just that — extremely rare. You should never rely on the possibility of an exception.

Why You Should Act Well Before the Deadline

Having two years may sound like plenty of time, but experienced Texas personal injury attorneys will tell you: waiting hurts your case even when you file on time.

Here's why acting quickly matters:

Evidence Disappears

Accident scenes change quickly. Surveillance footage is typically overwritten within 30 to 90 days depending on the recording system. Skid marks fade. Witnesses move or forget details. The Texas Department of Transportation processes thousands of crash reports annually — but physical evidence at the scene begins disappearing within days.

Medical Documentation Is Stronger When Treatment Is Immediate

Insurance companies and defense attorneys scrutinize gaps in medical treatment. If you waited weeks or months to see a doctor, they will argue your injuries weren't serious — or weren't caused by the accident at all.

Insurance Companies Use Time Against You

The longer you wait without legal representation, the more opportunities an insurance adjuster has to contact you directly, get recorded statements, and lock you into positions that undervalue your claim. The Texas Department of Insurance provides guidance on your rights when dealing with auto insurance claims.

Attorneys Need Time to Build Your Case

Complex cases — especially those involving serious injuries, multiple defendants, or disputed liability — require extensive investigation, expert witnesses, and negotiation. Attorneys need time to do this work properly.

The Texas Statute of Limitations — Quick Reference

Do You Still Have Time to File?

The statute of limitations deadline is one of the first things a Texas personal injury attorney will evaluate in your case. Our free Texas Injury Calculator factors in your accident date and alerts you if you're approaching the two-year deadline.

Use the calculator to get an instant estimate of what your case may be worth — and find out if time is running short.