What Is the Statute of Limitations for Personal Injury in Texas?

If you have been hurt in a car wreck, a fall, or another accident caused by someone else’s carelessness, your focus is probably on healing, getting back to work, and taking care of your family. Legal deadlines may be the last thing on your mind. But in Texas, waiting too long to act can cost you your right to compensation, no matter how strong your case is.

That deadline is called the statute of limitations. Understanding how it works is one of the most important steps you can take to protect yourself after an injury.

The General Rule: Two Years

In Texas, most personal injury lawsuits must be filed within two years from the date of the injury. This rule comes from Section 16.003 of the Texas Civil Practice and Remedies Code, and it applies to many common types of cases, including:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Slip and fall and other premises liability injuries
• Dog bites
• Most other injuries caused by negligence

If you were injured in a wreck on March 1, 2026, for example, you would generally need to file a lawsuit by March 1, 2028. If you miss that deadline, the court will almost certainly dismiss your case, and the at-fault party and their insurance company will owe you nothing.

Why Texas Has a Deadline

Statutes of limitations exist to keep cases fair. Over time, evidence disappears, witnesses move away or forget what they saw, and records get lost. The deadline encourages injured people to bring claims while the facts are still fresh.

Insurance companies know these rules well. Some adjusters stay friendly and keep negotiating for months, knowing that the clock is running in the background. Once the deadline passes, your leverage disappears.

Wrongful Death Claims

When a person dies because of someone else’s negligence, surviving family members may bring a wrongful death claim. In Texas, this claim must generally be filed within two years from the date of death, which is not always the same as the date of the accident. A related survival claim, brought on behalf of the deceased person’s estate, has its own timing rules. Because these cases can be complicated, families should speak with a lawyer as soon as they are able.

Exceptions That Can Change the Deadline

The two year rule has several exceptions. Some extend the deadline, while others make it much shorter.

Injured children. If the injured person is under 18, the statute of limitations is usually paused, or “tolled,” until their 18th birthday. The two-year clock then begins to run. Even so, waiting years to act is rarely wise, since evidence can be lost long before the child grows up.

Mental incapacity. If an injured person is of unsound mind and unable to manage their own affairs, the deadline may be paused while that condition continues. This can matter in serious brain injury cases.

The discovery rule. In limited situations where an injury could not reasonably have been discovered right away, the clock may begin when the injury was discovered or should have been discovered. Texas courts apply this rule narrowly, so you should not count on it.

Defendant leaving Texas. If the person responsible leaves the state, the time they are gone may not count toward the deadline in some cases.

Shorter Deadlines for Claims Against the Government

This is one of the most important exceptions, and it catches many people by surprise. If your injury involves a government entity, such as a city vehicle, a county road crew, a public school bus, or a state agency, you may have far less time than two years.

Under the Texas Tort Claims Act, you generally must give the government entity written notice of your claim within six months of the incident. Many cities, including some in North Texas, set even shorter notice deadlines in their charters. Missing the notice deadline can end your claim before it begins, even if the lawsuit deadline is still months away.

Medical Malpractice Claims

Claims against doctors, hospitals, and other healthcare providers follow special rules. The general deadline is two years from the date of the negligent treatment. Texas also requires written notice to the provider at least 60 days before filing suit, which can extend the deadline by 75 days. In addition, Texas has a 10 year “statute of repose,” which bars most medical malpractice claims filed more than 10 years after the treatment, regardless of when the injury was discovered.

Why You Should Not Wait Until the Deadline

Even if you have plenty of time on paper, waiting is almost always a mistake. A strong personal injury case takes time to build. Your lawyer will need to:

• Gather police reports, photos, and video footage before it is erased
• Locate and interview witnesses while their memories are clear
• Collect medical records and bills
• Consult experts about how the accident happened and what future care you will need
• Negotiate with insurance companies, and file suit if they refuse to be fair

Many businesses keep surveillance footage for only a few days or weeks. Vehicles get repaired or scrapped. The sooner an attorney gets involved, the better your chances of preserving the evidence that proves your case.

How an Experienced Lawyer Protects Your Rights

Figuring out exactly which deadline applies to your case is not always simple. Is a government entity involved? Was the injured person a minor? Did the injury appear right away, or later? A mistake about the deadline can be fatal to your claim.

Attorney Paul Previte has 32 years of experience in personal injury law in Fort Worth, Texas. As a former prosecutor and former judge, he understands how courts handle deadlines and how insurance companies use delay against injured people. He works personally with every client to make sure every deadline is met and every piece of evidence is preserved.

If you or a loved one has been injured, do not let the clock run out on your rights. The time to get answers is now, while your options are still open.

Call Previte Law Firm at 817-335-4357 for a free confidential consultation.