Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
In Texas you generally have two years from the date of an injury to file a personal injury lawsuit. The rule is in section 16.003 of the Texas Civil Practice and Remedies Code, and it covers car accidents, falls, dog bites and most other negligence claims. Claims against a government body need written notice much sooner, usually within six months.
Texas injury deadlines at a glance
| Type of claim | Deadline | Statute |
|---|---|---|
| Personal injury (negligence) | 2 years from the injury | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Wrongful death | 2 years from the death | § 16.003(b) |
| Property damage | 2 years | § 16.003(a) |
| Medical malpractice | 2 years from the treatment or its completion, and never more than 10 years after the act | § 74.251 |
| Product liability | 2 years from the injury, and generally no more than 15 years after the product was sold | §§ 16.003, 16.012 |
| Claim against a government unit | Written notice within 6 months (some cities require less), then the 2-year lawsuit deadline | § 101.101 |
When the two years start
The clock normally starts on the day you were injured. For a car crash, that is the day of the crash, even if you did not realize how badly you were hurt until later.
Texas courts apply a “discovery rule” in limited situations, where the injury was the kind that could not reasonably have been discovered at the time. In those cases the clock starts when you knew, or should have known, of the injury. Texas applies this more narrowly than many states, so do not assume it covers you.
When the clock is paused
- Minors. If the injured person is under 18, the two years generally do not start until their 18th birthday (§ 16.001). Medical malpractice is stricter: a child under 12 has until their 14th birthday.
- Mental incapacity. The clock is paused while a person is of “unsound mind” (§ 16.001).
- Defendant out of state. Time the defendant spends absent from Texas may not count (§ 16.063).
Claims against the government: six months or less
If a city, county, school district, state agency or public hospital may be responsible, the Texas Tort Claims Act requires that the government unit receive written notice of your claim within six months of the incident. The notice has to describe the injury, the time and place, and what happened. Many city charters set a shorter period, sometimes as little as 45 to 90 days, and the statute allows that, so check the specific city’s rules at once. Missing the notice deadline can end the claim even though the two-year lawsuit deadline has not passed.
Medical malpractice has extra steps
A health care liability claim must be filed within two years of the treatment at issue, or of the end of a course of treatment. There is also an outer limit of ten years from the act, whenever the harm was discovered. Before suing, you must send the provider written notice by certified mail at least 60 days ahead (§ 74.051); sending it properly extends the deadline by 75 days. These cases also require an expert report early in the lawsuit, which is one reason lawyers want to see them well before the deadline.
What happens if you miss the deadline
The defendant will ask the court to dismiss the case, and the court almost always will. Insurers know this, so once the deadline passes they have no reason to pay a claim. Talking to an adjuster, exchanging letters or waiting on an offer does not pause the clock. Only filing the lawsuit, or one of the legal exceptions above, does.
One more Texas rule that affects your claim
Texas uses modified comparative fault. Your compensation is reduced by your percentage of responsibility, and if you are found more than 50% responsible you recover nothing. Texas also caps non-economic damages in medical malpractice cases. See our state guides for how that compares with other states.
To see how this state’s fault rule compares with the rest of the country, see comparative negligence rules in all 50 states.
Frequently asked questions
Is the deadline for a Texas car accident also two years?
Yes. Car accident injury claims and vehicle damage claims both fall under the two-year rule in section 16.003.
Does the two years apply to my insurance claim?
No. The statute of limitations is the deadline to file a lawsuit. Your insurance policy sets its own, much shorter, notice requirements, so report the accident to your insurer promptly.
I was hurt in Texas but live in another state. Which deadline applies?
Usually the Texas deadline, because the case would normally be filed where the injury happened. Compare deadlines in our 50-state table, or work out your date with the deadline calculator.
How early should I contact a lawyer?
Well before the deadline. A lawyer needs time to investigate and prepare the case, and many will not take one with only weeks left. See how to find a personal injury lawyer.
Sources
- Texas Civil Practice and Remedies Code, Chapter 16: Limitations (§§ 16.001, 16.003, 16.012, 16.063)
- Texas Civil Practice and Remedies Code, Chapter 74: Medical Liability (§§ 74.051, 74.251)
- Texas Civil Practice and Remedies Code, Chapter 101: Tort Claims (§ 101.101)
Deadlines depend on the facts of each case. Confirm yours with a licensed Texas attorney.
