If you were injured in Texas because of someone else’s conduct, one of the most important questions is: How long do I have to file a personal injury lawsuit? In many Texas personal injury cases, the general deadline is two years. But the exact deadline can depend on the type of claim, when the legal claim accrued, and whether a special rule applies.
This article explains the general rule in plain English and highlights situations where you should not assume the standard two-year period applies.
The General Texas Personal Injury Deadline
Texas generally gives a person two years to bring a lawsuit for personal injury. Texas Civil Practice and Remedies Code Section 16.003(a) provides that a person must bring an action for personal injury no later than two years after the day the cause of action accrues. The statute also addresses claims involving injury resulting in death. Texas Civil Practice and Remedies Code § 16.003.
For a straightforward car accident, for example, the two-year period will often be measured from the date the accident occurred. That does not mean every injury case follows a simple calendar calculation, however. The legally important question is when the cause of action accrued.
What Does “Accrues” Mean?
“Accrues” is a legal term that generally refers to when a claim becomes legally actionable. In many ordinary injury cases, this will be closely connected to when the injury happens. But special facts can change the analysis.
Texas courts recognize that certain claims can involve doctrines such as the discovery rule or other tolling principles. Whether such a doctrine applies depends heavily on the facts and the type of claim. The Texas Supreme Court has explained that limitations questions can involve accrual, the discovery rule, and tolling doctrines. Texas Supreme Court opinion discussing accrual and limitations.
Important Exceptions and Special Situations
The two-year rule is a starting point, not a guarantee that every Texas injury case has exactly the same deadline.
Claims involving minors
Special limitations rules can apply when the injured person is a child. The interaction between disability rules and the underlying claim can be complicated, so parents or guardians should not assume that simply adding two years to the accident date gives the correct deadline.
Claims against the government
If your injury involves a Texas governmental entity or another governmental defendant, additional notice requirements and special rules may apply. A person should not rely solely on the ordinary two-year personal injury deadline without checking the law that applies to the governmental defendant.
Wrongful death
Texas law specifically addresses actions for injury resulting in death. Section 16.003(b) states that the claim must generally be brought no later than two years after the day the cause of action accrues, and it provides that the cause of action accrues on the death of the injured person. Texas Civil Practice and Remedies Code § 16.003(b).
Latent or difficult-to-discover injuries
Some legal claims may involve a discovery rule or another doctrine affecting when limitations begins to run. Whether that applies to a particular personal injury claim is highly fact-specific. It is risky to assume that discovering an injury later automatically extends the deadline.
Special statutory claims
Certain types of injuries and defendants can be governed by statutes with additional requirements or different rules. For example, Texas law contains separate provisions addressing asbestos-related and silica-related injuries. Texas Civil Practice and Remedies Code § 16.0031.
What Happens If You Miss the Deadline?
If the applicable statute of limitations expires, the opposing party may raise limitations as a defense, and a court can dismiss a claim that is legally time-barred. A Texas appellate decision, for example, describes a personal injury claim being barred when the lawsuit was filed after the applicable two-year period. Texas Second Court of Appeals case summary.
Because limitations can be decisive, waiting until the deadline is close can create unnecessary risk. Gathering records, identifying the correct defendant, investigating liability, and preparing a lawsuit can take time.
How to Protect Your Claim
- Write down the important dates. Record the accident or injury date, medical treatment dates, insurance communications, and any other potentially important events.
- Preserve evidence. Keep photographs, videos, medical records, bills, witness information, reports, correspondence, and other relevant documents.
- Identify the correct defendant. The deadline and notice requirements can differ depending on who may be legally responsible.
- Do not assume an insurance claim extends the lawsuit deadline. Communicating with an insurer is not the same thing as filing a lawsuit in court.
- Get legal advice early when the deadline may be approaching. A Texas personal injury attorney can evaluate the facts and determine which limitations rules may apply.
Does Filing an Insurance Claim Stop the Clock?
Generally, you should not assume that opening or negotiating an insurance claim automatically stops the statute of limitations. Insurance negotiations and a lawsuit are separate processes. If a potential claim is approaching its legal deadline, get advice about the lawsuit deadline rather than relying on the status of an insurance claim.
Why the Exact Deadline Matters
Two years may sound like plenty of time, but injury cases can involve medical treatment, investigation, insurance negotiations, expert evidence, and disputes about who was responsible. A deadline can also be affected by facts that are not obvious at first.
For that reason, the safest approach is to identify the potential claim and applicable deadline as early as possible rather than waiting until the end of the limitations period.
Frequently Asked Questions
Is every Texas personal injury lawsuit limited to two years?
No. Two years is the general rule for many personal injury claims under Section 16.003, but special rules, exceptions, defendants, and claim types can affect the analysis.
Does the two-year period always start on the accident date?
Not necessarily. The legally relevant date is generally when the cause of action accrues, and some claims can involve doctrines affecting accrual or tolling.
Can the deadline be extended?
Sometimes a statute, tolling doctrine, or other legal rule can affect the limitations period. Whether one applies depends on the specific facts and claim.
What should I do if I am close to the deadline?
Do not wait for an insurance company to finish negotiations before determining your lawsuit deadline. Speak with a qualified Texas attorney promptly so the applicable limitations and filing requirements can be evaluated.
Bottom Line
For many Texas personal injury claims, the general statute of limitations is two years from the date the cause of action accrues. But exceptions and special rules can matter, particularly when the injury is difficult to discover, the injured person is a minor, the defendant is a governmental entity, or the claim falls under a specialized statute.
If you believe you have a personal injury claim, do not rely on a general deadline alone. Confirm the rule that applies to your specific situation as early as possible.
Legal information disclaimer: This article provides general legal information for educational purposes and is not legal advice. Laws and court decisions can change, and the correct filing deadline depends on the facts of a particular case. KnowYourStateLaw.com is not a law firm and does not provide legal representation. If you are dealing with a potential personal injury claim, consider consulting a licensed Texas attorney promptly.