What Is The Statute Of Limitations For A Personal Injury Claim In Texas?

Overview

In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit, whether it stems from a car accident, truck crash, or another type of incident. This deadline comes from Texas Civil Practice and Remedies Code § 16.003, and missing it almost always means permanently losing your right to sue. A handful of exceptions can pause the clock, but they're narrow, so it's best not to count on one applying to you.

Frequently Asked Questions

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

Texas law gives you two years from the date your injury occurred to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code § 16.003. This applies to car accidents, truck accidents, and most other injury claims, and the same two-year period generally applies to wrongful death claims, measured from the date of death.

What happens if I file after the two-year deadline?

Courts in Texas will almost always dismiss a lawsuit filed after the statute of limitations has run, no matter how clear the other driver's fault was. Insurance companies know this deadline too, and have little reason to negotiate fairly once it passes.

Are there exceptions that can extend or pause the deadline?

Yes, in limited situations, such as when the injured person is a minor, has a legal disability, or when the discovery rule applies because an injury wasn't reasonably discoverable right away. These exceptions are fact-specific and shouldn't be assumed without a lawyer confirming they apply.

Does the two-year clock start on the accident date or when treatment ends?

It generally starts on the date the injury occurred, not when you finish medical treatment or reach maximum recovery. That makes it important to get legal advice early rather than waiting until treatment wraps up.

Is it too early to talk to a lawyer if my accident just happened?

No, starting early actually helps, since evidence and witness memories fade fast, and a lawyer can start building your case well before any deadline becomes a concern.

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This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.

What Is The Statute Of Limitations For A Personal Injury Claim In Texas?

Overview

Frequently Asked Questions

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