Texas Statute of Limitations for Personal Injury Claims

 

Types of Cases Affected by Texas's Two-Year Limit

What Happens If I Miss a Statute of Limitations Deadline?

Texas's two-year statute of limitations applies to most negligence-based personal injury claims.

Common case types subject to the two-year filing deadline:

• Car accidents
• Truck crashes
• Motorcycle collisions
• Pedestrian accidents
• Bicycle accidents
• Slip and fall incidents
• Premises liability cases
• Dog bite attacks
• Rideshare accidents
• Workplace accidents (non-workers' compensation)
• Product liability claims
• Nursing home abuse and neglect
• Assault and battery (intentional torts)

Different deadlines apply to specific claim types:

Medical malpractice claims have separate filing requirements under Texas Civil Practice Code Section 74.251.

Wrongful death claims operate under a two-year deadline from the date of death under Texas Civil Practice Code Section 16.003.

Workers' compensation claims follow entirely different procedural rules and timelines.

Claims against government entities require notice within six months and have modified filing procedures.

Understanding which deadline applies to your specific injury claim is critical to protecting your legal rights.

 

 

Exemptions to the Statute of Limitations in Texas

Texas law provides several exceptions that can extend your filing deadline beyond the standard two years.

Discuss your potential case with skilled legal representation who will review what deadlines apply and must be met to take legal action.

• Claims Involving Minors Under Age 18 The deadline doesn't run until the child turns 18. An injured minor has until their 20th birthday to file a lawsuit. Parents can file on behalf of children, but the child keeps independent rights to sue after turning 18.
• Claims Involving Plaintiff Mental Incapacity Severe mental incapacity of the plaintiff during the two-year period after injury pauses the deadline. Traumatic brain injury, dementia, or other conditions that prevent understanding legal rights toll the statute. Requires medical documentation to prove incapacity. The clock starts when competency returns.
• Claims Involving Absent Defendants The personal injury statute of limitations tolls if the defendant in the case leaves the state or goes into hiding. The statute tolls during any absence period of the defendant in the case.
• Claims Involving Government Entities The legal procedure is different when suing the government. Texas law requires written notice to state agencies, counties, cities, schools, and transit authorities before you file a lawsuit. You must typically provide notice within six months of the incident for most governmental entities.

Exemptions to the Statute of Limitations in Texas

Missing the statute of limitations deadline typically destroys your right to seek compensation through the courts.

Texas courts will dismiss your case if you file even one day late.

No judge has discretion to waive this deadline except in very limited circumstances involving statutory exceptions.

The defendant can file a motion to dismiss based on the expired statute of limitations.

Once dismissed, you lose your legal right to recover damages permanently.

Insurance companies know the deadline and use it strategically.

They may slow walk settlement negotiations hoping the window passes.

Once the statute expires, they have no legal obligation to pay anything.

You must file your lawsuit before the deadline expires to preserve your rights.

The clock is ticking, review your personal injury matter with our award-winning Texas attorney now.