If you were injured in an accident in Texas, you have a limited amount of time to file a personal injury lawsuit. Missing this deadline – called the statute of limitations – permanently ends your right to sue, regardless of how strong your case is.

Texas Personal Injury Statute of Limitations

In Texas, the statute of limitations for most personal injury claims is two years from the date of the accident. This deadline is set by Texas Civil Practice and Remedies Code Section 16.003.

Exceptions and Special Rules

Claims Against Government Entities

If your accident involved a government-owned vehicle, a government employee, or occurred on government property, different rules apply. Texas requires that you file a formal notice of claim with the relevant government entity within six months of the accident. Failure to do so may bar your claim entirely.

Medical Malpractice

Medical malpractice claims in Texas have a shorter deadline in some circumstances. The general rule is two years from the date of the negligent act, but the “discovery rule” may extend this in cases where the injury was not discovered immediately.

Minors

For minors (under 18), the two-year clock generally does not begin until the minor turns 18. This means a child injured in an accident has until their 20th birthday to file suit.

Mental Incapacity

If the injured person was legally incapacitated at the time of the accident, the statute of limitations may be tolled (paused) until the incapacity ends.

Texas Fault Rules

Texas uses a modified comparative fault system with a 51% bar. This means: if you are 50% or less at fault, you can recover damages, reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.

Damage Caps in Texas

Texas caps non-economic damages at $750,000 in medical malpractice cases against healthcare providers. There are no caps on non-economic damages in most other personal injury cases.

Acting Quickly

Two years sounds like a long time, but personal injury cases require gathering evidence that disappears quickly: surveillance footage, witness memories, and accident scene conditions all change over time. The sooner you consult an attorney, the stronger your case will be.