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Exceptions to the Texas Two-Year Statute of Limitations
Most Texas injury claims must be filed within two years of the injury under Section 16.003.
A set of specific exceptions can extend that deadline. A few situations can shorten it sharply.
The exceptions are narrow and fact-specific, so the safe approach is to treat the two-year clock as firm and confirm early whether anything changes it.
Assuming an exception applies, and being wrong, is one of the few mistakes in an injury case that cannot be undone.
A missed deadline ends a claim no matter how serious the injury or how clear the fault.
Call (888) 713-6653 for a free, confidential review and a clear answer on the deadline that governs your Texas claim.
At-a-Glance: Texas Deadline Exceptions
- The default deadline is two years from the date of injury under Section 16.003
- Discovery rule: the clock can start later, but Texas applies it narrowly
- Minors: the deadline is generally tolled until the child turns 18, with a stricter rule for malpractice
- Unsound mind: the clock can pause while a person is legally incapacitated
- Fraudulent concealment: a defendant who hid the wrong can be barred from using the deadline
- Government claims carry a much shorter notice deadline, often six months or less
The Default: Two Years From the Injury
Before the exceptions, the rule. A Texas personal injury claim generally has to be filed within two years of the date the injury occurred, under Section 16.003 of the Civil Practice and Remedies Code.[1] A wrongful death claim runs on the same two years, measured from the date of death rather than the date of the injury.
That two-year rule, and how it applies to a standard crash or fall claim, is covered in our overview of the Texas personal injury statute of limitations. Everything below is about the situations that move that date.
Exceptions That Can Change Your Texas Deadline
Each of these can shift the operative date, but each is limited, and none should be assumed without confirming the specific facts.
The Discovery Rule
When an injury is not reasonably discoverable at the time it happens, Texas can delay the start of the clock until the patient discovers, or reasonably should have discovered, the injury and its cause. Texas applies this narrowly, generally only to injuries that are inherently undiscoverable and objectively verifiable, such as a surgical instrument left inside a patient. It is the exception people hope for most and qualify for least.
Minors and Legal Disability
When the injured person is a child, the deadline is generally tolled while they are under 18, so the two-year clock starts at adulthood for most claims.[2] Medical malpractice is the important exception: Chapter 74 sets a stricter rule for minors, so a child's malpractice claim should never be assumed to be open and needs prompt review.
Unsound Mind
If a person is of unsound mind, legally incapacitated, when the claim accrues, the clock can be paused until the disability is removed. Like the other tolling rules, this is fact-specific and proven, not presumed.
Fraudulent Concealment
When a defendant actively conceals its wrongdoing, Texas can stop that defendant from using the limitations deadline as a shield until the claimant discovers, or should have discovered, the wrong. This comes up where a provider or company hid the very facts that would have revealed the claim.
A Defendant's Absence From Texas
Under Section 16.063, periods when the defendant is absent from the state may not count against the deadline. This can matter when the at-fault party leaves Texas after the incident, though its application has limits worth checking case by case.
The Statute of Repose
A statute of repose is a separate, harder outer limit that the discovery rule does not extend. Texas sets repose periods for some claims, such as a 10-year limit on suits over improvements to real property, and a separate outer limit in malpractice cases. A repose period can bar a claim even before an injury is discovered.
Government Claims Have a Much Shorter Clock
Not every exception adds time. The most important one subtracts it.
When the at-fault party is a city, county, or state entity, the two-year statute still applies to the lawsuit, but a separate written notice is due far sooner, often within six months of the incident and sometimes as little as 90 days under a city charter. Miss that notice window and the claim against the government is barred no matter how strong it is. The rules, the notice contents, and the entity-by-entity differences are covered in our guide to suing a Texas city or county.
Why You Should Not Count on an Exception
Every exception above is real, and every one is narrower than it sounds. Courts read tolling provisions strictly, and the burden of proving that an exception applies falls on the injured person, not the defendant.
The practical rule that protects a claim is simple. Treat the two-year deadline as firm, get the facts in front of a lawyer early, and let the analysis confirm whether anything legitimately extends it. Building a case around an exception that turns out not to apply is how a strong claim becomes no claim at all.
Get a free review. We will confirm the deadline that actually governs your Texas claim and move to protect it before anything is lost.