Personal Injury Statute of Limitations in Texas

The personal injury statute of limitations in Texas is two years from your injury date, though some claims allow far less time to act. Missing that deadline eliminates your case entirely, no matter how strong it is. Certain situations shorten your window dramatically, such as injuries involving a city bus or government vehicle, where written notice may be required within as little as 90 days. Knowing your exact deadline is the most important step in protecting your claim.

When you are dealing with medical bills, missed paychecks, and persistent calls from insurance adjusters, a legal filing deadline may feel like the last thing to worry about. But the two-year clock starts on the date of your accident, not the date you decided to take action. And while the number sounds straightforward, the details are not. Exceptions and shorter notice requirements catch injured Texans off guard every year, permanently closing cases that had every other element needed to succeed.

The challenge is that insurance companies know exactly how the statute of limitations works, and some adjusters deliberately extend settlement negotiations hoping you will miss your window. Once the deadline passes, they have no obligation to offer anything, and no court can restore your right to sue. A missed deadline means unpaid medical bills stay unpaid, lost wages stay lost, and the at-fault party faces no accountability, regardless of how clear their negligence was.

In this article, you will discover exactly when the Texas personal injury filing clock starts, which exceptions can shorten or extend your deadline, how government entity claims work differently, and how a Texas personal injury attorney can help you protect your rights before time runs out.

What Is the Personal Injury Statute of Limitations in Texas?

In Texas, you have two years from the date of your injury to file a personal injury lawsuit. This deadline is set by Texas Civil Practice and Remedies Code Section 16.003, and it applies to the vast majority of injury claims, including car accidents, slip and falls, and workplace injuries.

A statute of limitations is simply a legal deadline. If you miss it, the court will throw out your case no matter how strong your evidence is.

Property damage claims follow the same two year rule. Wrongful death claims also carry a two year deadline, but the clock starts on the date of death rather than the date of the accident.

When Does the Two Year Clock Start?

The legal term for when your clock begins is called accrual. In most cases, the clock starts on the exact date your injury happened, not the date you hired a lawyer, not the date you filed an insurance claim, and not the date your doctor confirmed your diagnosis.

If you were hurt in a car accident on a Houston freeway on a specific date, that is day one. Two years from that date is your filing deadline.

There is one narrow exception called the discovery rule:

• Standard accrual: The clock starts on the date the injury happens, regardless of when you seek treatment.
• Discovery rule: The clock may start when you discovered the injury, or when a reasonable person should have discovered it, whichever comes first.
• Wrongful death: The clock starts on the date of death, which may be different from the date of the accident itself.

Texas courts apply the discovery rule very narrowly. Do not assume it applies to your situation without speaking to a lawyer first.

What Exceptions Can Extend or Shorten Your Deadline?

Certain situations can either pause your clock or cut your time short. Missing these rules is one of the most common reasons injury victims lose the right to file a lawsuit.

Injured Minors and People With Legal Disabilities

If the injured person is under 18 years old when the accident happens, the two year clock does not start until they turn 18. The same rule applies if the injured person is legally incapacitated at the time of the injury. A parent or guardian can still file a claim on the child’s behalf before that time.

Wrongful Death Claims

Surviving family members have two years from the date their loved one passed away to file a wrongful death lawsuit. If the victim survived in the hospital for several weeks before passing, the filing deadline is calculated from the date of death rather than the date of the original accident.

The Discovery Rule for Hidden Injuries

Some injuries are not immediately obvious. If your injury was genuinely impossible to detect at the time it occurred, a court may allow the clock to start from the date you discovered it. This rule does not apply to injuries you simply delayed treating or chose to ignore.

When the At-Fault Party Leaves Texas

If the person responsible for your injury leaves the state of Texas or actively hides to avoid being served with legal papers, the clock pauses during the entire time they are absent. This exception requires clear documentation and does not apply automatically.

Medical Malpractice Cases

Medical malpractice claims in Texas carry a two year filing deadline paired with a 10 year absolute cutoff called a statute of repose. This means that no matter when you discover the injury, you cannot file a claim more than 10 years after the medical treatment that caused the harm. 

You are also required to send the medical provider a formal 60 day pre-suit notice before filing, and sending that notice on time pauses your deadline by 75 days.

Defective Product Claims

Product liability claims follow the standard two year rule, but they are also subject to a 15 year absolute cutoff from the date the product was first sold. If a defective product harmed you more than 15 years after it was purchased, you may be barred from filing regardless of when the injury occurred.

Sexual Assault and Childhood Abuse Claims

Adult sexual assault claims carry a five year filing deadline. Survivors of childhood sexual abuse have up to 30 years after turning 18 to file a civil lawsuit against the responsible party.

What we see consistently in sexual assault and childhood abuse civil claims in Texas is that the extended statute of limitations is not automatically triggered; it requires specific legal analysis of when the abuse occurred, whether the survivor was a minor, and whether the discovery rule applies. 

Texas Civil Practice and Remedies Code Section 16.0045 provides a 30-year window from a survivor’s 18th birthday for childhood sexual abuse claims, but determining whether that window applies to a particular situation requires evaluating the facts carefully. 

The earlier a survivor connects with a civil attorney, the more options remain available for evidence preservation, regardless of when the underlying abuse occurred.

Do Government Claims Have a Shorter Deadline?

If your injury was caused by a city bus, a government employee, or a hazard on public property, your deadline is much shorter than two years. Claims against government entities in Texas are governed by the Texas Tort Claims Act, which requires you to file a formal written notice before you can sue.

• State of Texas: Written notice required within 6 months of the incident.
• City of Houston: Written notice required within 90 days of the incident.
• Lawsuit deadline: Still 2 years, but only if proper written notice was submitted on time.

Missing the notice deadline can permanently bar your case even if your two year window is still open. This is one of the most overlooked rules in Texas personal injury law.

Does Filing an Insurance Claim Pause the Deadline?

No. Filing an insurance claim does not stop the two year clock from running. This is one of the most dangerous misconceptions injury victims have.

Insurance adjusters know exactly how the statute of limitations works, and some will deliberately drag out settlement talks hoping your deadline quietly passes. We have seen adjusters offer to continue negotiations right as a client’s filing window is about to close. Once that deadline passes, the insurance company has no legal obligation to pay you anything.

In our experience handling personal injury cases in Harris County, the misconception that causes the most damage is the belief that an open insurance claim automatically protects your legal rights. 

We regularly hear from clients who spent 18 months negotiating directly with an adjuster, watched the two-year window close, and then discovered they had no leverage left because the lawsuit option was gone.

Once the deadline passes, the adjuster has no reason to offer anything meaningful, and no court can restore your right to sue. The insurance company knows your deadline date. That is why some adjusters deliberately prolong negotiations when the window is close.

What Happens if You Miss the Filing Deadline?

If you file your lawsuit after the two year deadline, the defense will immediately file a motion to dismiss your case. The court will grant it, and your right to compensation disappears permanently.

This means:

• Unpaid medical bills stay unpaid. Hospitals and providers will still pursue you for the full balance.
• Lost wages stay lost. You cannot recover the income you missed while you were unable to work.
• The at-fault party walks away. No matter how clear their negligence was, they face no financial accountability.

There is no appeal process for a missed statute of limitations. Acting early is the only protection.

How to Protect Your Claim Before Time Runs Out

The steps you take in the first few weeks after an injury often determine whether your case succeeds or fails.

Get Medical Care Immediately

See a doctor the same day if possible. A prompt medical record creates a direct link between the accident and your injuries, which is critical evidence in any personal injury claim. Gaps in treatment give insurance companies a reason to argue your injuries were not serious or were caused by something else.

Contact a Lawyer Before You Talk to the Insurance Company

We calculate your exact filing deadline and identify whether any exceptions apply to your situation. We also handle all communication with the insurance company so you are not pressured into saying something that damages your claim.

Preserve the Evidence

Accident scene photos, witness contact information, and physical evidence can disappear within days or weeks. We send formal evidence preservation letters immediately to make sure nothing is destroyed before your case is built.

Write Down Your Key Dates

Keep a written record of the accident date, every medical appointment, and every communication with the insurance company. These dates matter when calculating your filing deadline and documenting the full impact of your injury.

Why Choose DeHoyos Accident Attorneys?

Most large Houston firms push for quick settlements because it lets them move to the next case faster. At DeHoyos Accident Attorneys, we take the opposite approach. We build detailed, evidence driven cases designed to maximize what you recover, not just close your file quickly.

Before becoming a personal injury attorney, Ryan DeHoyos worked in the corporate world. That background gives him a precise understanding of how insurance companies think, which he uses to fight for every dollar you deserve.

Ryan DeHoyos is recognized as a Super Lawyers Rising Star, holds an A+ rating from the Better Business Bureau, and has 5 star ratings on Google, Avvo, and Super Lawyers. We work on a contingency fee basis, which means you pay nothing unless we win your case.

“AWESOME legal representation. Ryan is an amazing attorney to have on your side. He was very responsive to all of my phone calls and if he was busy then he would make time to talk to me about my case. Outstanding service by this lawyer who puts their clients first. Ryan treated me like I was his only case. I would definitely recommend Ryan to anyone that is involved in a motor vehicle accident.” – David M.

Contact DeHoyos Accident Attorneys today for a free consultation and find out exactly where your deadline stands.

“I hired Ryan because he actually cared about my case and I actually met with him in the consultation. Ryan explained the whole process to us and what to expect in this difficult time. I definitely benefited from hiring Ryan as he kept me updated throughout the entire case. Additionally, the experience was less terrifying and stressful due to his counsel. I would definitely recommend Ryan for anyone who is injured in a car crash.” – Angel A.

Texas Personal Injury Statute of Limitations FAQs

How Long Do You Have to Sue Someone in Texas for a Personal Injury?

For most personal injury claims in Texas, you have two years from the date of the injury to file a lawsuit. Missing this deadline means the court will dismiss your case regardless of how strong your evidence is.

Can You File a Personal Injury Claim if You Were Partly at Fault for the Accident?

Yes. Texas follows a modified comparative fault rule, which means you can still recover compensation as long as you are found to be less than 51 percent at fault. Your total compensation is reduced by your percentage of fault.

Does Negotiating With an Insurance Adjuster Pause the Filing Deadline?

No. Insurance negotiations do not stop the two year clock from running. The only way to legally protect your right to sue is to file your lawsuit in court before the deadline expires.

What if You Did Not Notice Your Injury Until Weeks After the Accident?

Texas courts may apply the discovery rule if your injury was genuinely impossible to detect at the time of the accident. Because courts apply this rule very narrowly, you should contact a lawyer immediately rather than assuming you have additional time.

What Is the Deadline to File a Claim Against the City of Houston?

The City of Houston requires written notice of your claim within 90 days of the incident. If you miss this notice requirement, your lawsuit can be barred even if your two year filing window has not yet closed.

How Much Does It Cost to Hire a Personal Injury Attorney in Texas?

DeHoyos Accident Attorneys works on a contingency fee basis, which means you pay nothing upfront and owe no attorney fees unless we win your case. Your initial consultation is completely free.