How Long Do You Have to File a Personal Injury Lawsuit in Texas?
If you’ve been injured in Texas—whether in a car crash, workplace incident, or slip-and-fall—you only have a limited time to take legal action. Missing the deadline to file a personal injury claim can result in permanently losing your right to compensation. Here’s what you need to know about the Texas statute of limitations, including key exceptions and tips for protecting your case.
The General Deadline: 2 Years
Under Texas Civil Practice & Remedies Code § 16.003(a), most personal injury lawsuits must be filed within two years from the date of the injury. This includes cases involving:
- Car, truck, or motorcycle accidents
- Slip and fall or premises liability claims
- Workplace injuries (when suing a non-subscriber employer)
- Dog bites or animal attacks
- Wrongful death claims (two years from the date of death)
This two-year window applies whether you’re filing against an individual, business, or government entity. Once it closes, courts typically dismiss late-filed claims—no matter how strong the evidence is.
When Does the Clock Start?
In most cases, the clock begins ticking on the date the injury occurred. However, there are exceptions where the statute of limitations may be paused or extended.
Important Exceptions to the Two-Year Rule
1. Discovery Rule
If you didn’t discover the injury right away (e.g., surgical error or toxic exposure), the clock may start when you reasonably discovered the injury—not when it occurred.
2. Minors and Legally Incompetent Individuals
If the injured person is under 18 or mentally incapacitated at the time of the incident, the statute is typically tolled (paused) until they turn 18 or regain legal capacity (Tex. Civ. Prac. & Rem. Code § 16.001).
3. Government Claims
When suing a Texas government entity (like a city or county), special notice requirements apply. You may have as little as six months to file a formal notice of claim under the Texas Tort Claims Act.
Why You Shouldn’t Wait
Even if you technically have time left, delaying your case can seriously hurt your claim:
- Evidence like surveillance footage or witness memories can fade or be lost.
- Insurance companies may argue your injuries weren’t serious if you delayed treatment.
- You risk missing key filing deadlines for insurance or court paperwork.
The sooner you act, the stronger your case will likely be.
Frequently Asked Questions
What if I was partially at fault?
You can still recover damages in Texas if you were less than 51% at fault (Tex. Civ. Prac. & Rem. Code § 33.001). But the amount of compensation may be reduced based on your percentage of fault.
Can I settle with the insurance company instead of filing a lawsuit?
Yes, but the statute of limitations still applies. If negotiations break down, you must file a lawsuit before the two-year deadline to preserve your claim.
What if the at-fault party leaves Texas?
Texas may toll the statute of limitations while the defendant is out of state or cannot be served, but this can be complicated. Legal advice is essential in these situations (Tex. Civ. Prac. & Rem. Code § 16.063).
Final Thoughts
Texas law gives injury victims a clear but limited timeframe to seek justice. Whether you’re healing from a crash or just now realizing the impact of an older injury, it’s important to understand your rights before the clock runs out.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
