Summary
- Texas gives you two years from the injury date to file most personal injury claims.
- Exceptions for minors, the discovery rule, and absent defendants can extend deadlines.
- Government claims require notice as early as six months after the incident.
A missed deadline can erase your right to compensation entirely — no matter how serious your injuries are. If you were hurt in Texas, understanding exactly how much time you have could be the most important thing you do right now.
The Two-Year Filing Deadline in Texas
Texas law sets a firm two-year window for most personal injury lawsuits. Under Tex. Civ. Pract. & Rem. Code § 16.003, you must file suit no later than two years after the day the cause of action accrues — typically the date of injury.
This two-year Texas statute of limitations for personal injury covers a wide range of claims:
- Car, truck, and motorcycle accidents
- Slip-and-fall and premises liability cases
- Assault and battery
- Dog bites
- Wrongful death lawsuits (two years from the date of death, not the date of injury)
For health care liability claims, Tex. Civ. Pract. & Rem. Code § 74.251 also imposes a two-year deadline from the date of the breach or the completion of treatment, with a hard 10-year statute of repose.
The clock generally starts ticking the moment the injury occurs. In wrongful death cases, it starts on the date of the person's death.
Exceptions That Extend or Change the Deadline
Several situations can pause or extend the standard deadline. Knowing whether one applies to you matters.
Minors and people of unsound mind. Under Tex. Civ. Pract. & Rem. Code § 16.001, the limitations period does not run while a person is under a legal disability — meaning they are younger than 18 or of unsound mind when the cause of action accrues. However, you cannot stack one disability onto another to gain extra time, and a disability that develops after the clock has already started will not pause it.
The discovery rule. In some cases, an injury is not immediately apparent. Texas courts may apply the discovery rule, which delays the start of the limitations period until the injured person knew or should have known about the harm. This commonly arises in medical malpractice and toxic exposure cases.
Defendant absent from the state. Section 16.063 can suspend the statute of limitations if a defendant is absent from Texas, but courts strictly limit this; it does not apply if the defendant can still be served out-of-state.
Death of the defendant. Section 16.062 pauses the clock for up to 12 months if the person you would sue dies, but the pause ends sooner if an executor or administrator qualifies for their estate.
Sexual offenses. Claims arising from sexual assault of a child carry a 30-year limitations period under § 16.0045, while adult sexual assault claims allow five years.
Claims Against Government Entities in Texas
While you generally can sue the government, taking legal action against a city, county, or state agency in Texas follows different rules — and significantly shorter timelines. The Texas Tort Claims Act, Tex. Civ. Pract. & Rem. Code § 101.101, requires you to provide formal notice of your claim within six months of the incident. Some cities enforce even shorter charter-based notice periods.
That notice must describe:
- The injury or damage claimed
- The time and place of the incident
- A description of what happened
Missing this notice window can bar your claim entirely — even if you are still within the two-year filing deadline. The only exception applies when the government entity already has actual notice of the death, injury, or property damage.
What Happens If You Miss the Filing Deadline
The consequences are straightforward and severe. If you file even one day late, a Texas court will almost certainly dismiss your case. The defendant's attorney simply raises the statute of limitations as a defense, and the court grants it.
You lose the right to seek compensation for medical bills, lost wages, pain, all of it. No judge has discretion to make an exception based on the severity of your injuries. The deadline is the deadline.
How ConsumerShield Connects You With a Texas Personal Injury Lawyer
Time is the one thing you cannot get back in a personal injury case. ConsumerShield matches you directly with experienced local lawyers who specialize in cases like yours. Rather than searching on your own, you can connect with a Texas personal injury lawyer who understands these deadlines and can evaluate whether any exceptions apply to your situation.
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Frequently Asked Questions
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Yes. Texas allows two years to file a wrongful death lawsuit, but the clock starts on the date of the person's death rather than the date the injury originally occurred.
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Generally, yes. Texas law suspends the statute of limitations for any period the defendant is absent from the state, so that time away does not count against your deadline.
