Texas Personal Injury Resource
Texas Personal Injury Statute of Limitations — Complete Guide
Texas law gives injury victims a specific window of time to file a lawsuit. Miss it and your claim is permanently barred — regardless of how strong your case is. This guide explains the deadlines, the exceptions, and why waiting is almost always a mistake.
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The General Rule — 2 Years
For most personal injury cases in Texas, the statute of limitations is two years from the date of the injury (Tex. Civ. Prac. & Rem. Code §16.003). This means you must file your lawsuit in court within two years — not just contact an attorney or notify the insurance company, but actually file a legal action.
The two-year clock starts running on the date of the accident or injury, regardless of when you discover the full extent of your injuries, when treatment concludes, or when negotiations with the insurance company break down.
This Is a Hard Deadline
If you file your lawsuit one day after the statute of limitations expires, the defendant will file a motion to dismiss and it will almost certainly be granted. No matter how strong your case is. No matter how serious your injuries. No matter that you were negotiating with the insurance company in good faith. Miss the deadline and you lose your right to recover.
Deadlines by Case Type
| Case Type | Deadline | Statute |
|---|---|---|
| Car and truck accidents | 2 years from accident date | Tex. Civ. Prac. & Rem. Code §16.003 |
| Slip and fall / premises liability | 2 years from date of injury | Tex. Civ. Prac. & Rem. Code §16.003 |
| Wrongful death | 2 years from date of death | Tex. Civ. Prac. & Rem. Code §16.003 |
| Medical malpractice | 2 years from date of occurrence (with some nuances) | Tex. Civ. Prac. & Rem. Code §74.251 |
| Products liability | 2 years from injury; 15-year statute of repose from sale | Tex. Civ. Prac. & Rem. Code §16.012 |
| Claims against government entities | 6-month notice requirement; 2-year suit deadline | Tex. Civ. Prac. & Rem. Code §101.101 |
| Minors (under 18 at time of injury) | 2 years from 18th birthday (tolled during minority) | Tex. Civ. Prac. & Rem. Code §16.001 |
Exceptions That May Extend the Deadline
The two-year deadline can be tolled (paused) or extended in certain circumstances. These exceptions are narrow and should never be relied on as a strategy — but they may apply in specific situations:
- Minority — if the injured person was under 18 at the time of injury, the clock does not start until their 18th birthday
- Mental incapacity — if the injured person was legally incapacitated at the time of injury, the clock may be tolled during the period of incapacity
- Defendant’s absence from Texas — if the defendant left Texas after the injury, the time they were absent may not count toward the limitations period
- Fraudulent concealment — if the defendant fraudulently concealed facts that prevented you from discovering your claim, the clock may not start until you discovered or should have discovered the claim
- The discovery rule — see below
The Discovery Rule
The discovery rule delays the start of the limitations period until the injured party knew or reasonably should have known of the injury and its connection to the defendant’s conduct. In Texas, the discovery rule applies only in limited circumstances where the injury was “inherently undiscoverable” — not merely unknown.
For most car accidents and obvious physical injuries, the discovery rule does not apply — you knew about your injury at the time it occurred. The discovery rule is more relevant in cases involving latent injuries, occupational diseases, or situations where the causal connection between the defendant’s conduct and the injury was not immediately apparent.
Do Not Rely on Exceptions
Whether any of these exceptions apply to your case requires a legal analysis of the specific facts. Do not assume an exception will save you. If you are approaching the two-year deadline and have not yet filed, contact an attorney immediately.
Claims Against Government Entities — Earlier Deadline
If your injury was caused by a Texas government entity — a city, county, state agency, or school district — the deadline is different and more urgent. The Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §101.101) requires written notice of the claim to be provided to the government entity within six months of the incident.
Failing to provide timely notice to a government entity can bar your entire claim — even before the two-year suit deadline arrives. If a government vehicle, road defect, or government employee caused your injury, contact an attorney immediately.
Why You Should Not Wait — Even With Two Years
Two years feels like a long time. It is not — especially in complex cases. Here is what happens to your case every month you wait:
| What Degrades Over Time | Why It Matters |
|---|---|
| Physical evidence | Vehicles are repaired or crushed. Road conditions change. Skid marks fade. Surveillance footage is overwritten within days. |
| Witnesses | Memories fade. People move. Contact information becomes outdated. Witnesses who were cooperative right after the accident become harder to reach. |
| Black box data | In truck accident cases, ECM data can be overwritten when the truck is put back into service. Without a spoliation letter, this data is gone. |
| Medical documentation continuity | Gaps in treatment give insurance companies ammunition to argue your injuries are not serious. |
| Your memory | The specific details of what happened — essential for deposition and trial testimony — fade over time. |
Central Texas Personal Injury
The clock is running. Let’s make sure your case is protected.
Carl Knickerbocker Law handles personal injury cases throughout Round Rock and Central Texas. Free consultation. No fee unless we recover.
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