How Long Do You Have to File an Injury Claim in Texas?

If you or a loved one has been hurt in an accident in Texas, one of the first questions you may have is: how long do I have to file a personal injury claim? The answer matters enormously. Miss the deadline, and you could lose your legal right to recover compensation—no matter how clear-cut your case may be.

This guide explains the Texas statute of limitations for personal injury cases, the exceptions that may apply to your situation, and why taking prompt action is always in your best interest.

What Is the Statute of Limitations for Personal Injury in Texas?

Under Texas Civil Practice & Remedies Code § 16.003, most personal injury claims must be filed within two years from the date the injury occurred. This is known as the statute of limitations—a legal deadline that governs how long an injured person has to initiate a lawsuit.

This deadline applies to a wide range of injury cases, including:

• Car and truck accidents
• Slip and fall accidents
• Workplace injuries
• Dog bites
• Medical malpractice (with some nuances)
• Product liability claims
• Pedestrian and bicycle accidents

Texas also sees a high volume of traffic accidents each year. According to TxDOT crash statistics, hundreds of thousands of crashes occur on Texas roads annually—many resulting in serious injuries that give rise to legal claims. If you were involved in one of those crashes, the clock started ticking from the moment of impact.

For broader context on road safety trends, you may also find this article on Texas car accident statistics helpful.

When Does the Two-Year Clock Start?

Generally, the statute of limitations begins on the date of the injury. However, there are situations where pinpointing the start date is not straightforward:

The Discovery Rule

If your injury was not immediately apparent—for example, a latent medical condition caused by exposure to toxic chemicals—Texas courts may apply the "discovery rule." Under this doctrine, the statute of limitations does not begin until the plaintiff knew or reasonably should have known about the injury and its connection to a wrongful act.

Wrongful Death Claims

If a loved one died as a result of someone else's negligence, surviving family members have two years from the date of death to file a wrongful death claim—not from the date of the underlying accident.

Claims Against Government Entities

Filing a personal injury claim against a Texas government entity involves stricter and shorter timelines. Under the Texas Tort Claims Act, you typically must file a formal notice of claim within six months of the incident before you can sue. Missing this notice requirement can permanently bar your claim.

Exceptions That Can Extend (or Shorten) the Deadline

Certain circumstances may toll (pause) the statute of limitations in Texas:

• Minors: How long does a minor have to file a personal injury claim in Texas? The two-year clock does not start running until the minor turns 18. So, they would generally have until their 20th birthday to file—though there are exceptions, especially in medical malpractice cases.
• Mental incapacity: If the injured person was legally incapacitated at the time of the injury, the statute may be tolled until they regain capacity.
• Defendant's absence from Texas: If the at-fault party leaves Texas after the accident, the time they spend outside the state may not count toward the limitations period.
• Fraudulent concealment: If the defendant actively hid their wrongdoing, a court may toll the deadline.

Special Deadlines for Specific Injury Types

Medical Malpractice

Texas medical malpractice claims are governed by Texas Civil Practice & Remedies Code § 74.251, which generally requires filing within two years of the date the medical negligence occurred or the date the patient discovered (or should have discovered) the harm. There is also a 10-year statute of repose that acts as an absolute cutoff regardless of discovery.

Product Liability

Product liability injury claims in Texas are generally subject to the same two-year personal injury deadline, but Texas also has a 15-year statute of repose for certain product defect claims from the date of sale.

Motorcycle and Lane Splitting Accidents

Motorcycle accidents follow the standard two-year rule. If you're wondering about specific traffic laws that may affect liability, our article on whether lane splitting is legal in Texas provides important background.

Why You Shouldn't Wait Until the Deadline

Filing a claim close to the two-year deadline is risky. Evidence degrades, witnesses forget details, and surveillance footage gets deleted. Acting quickly allows your attorney to:

• Preserve critical evidence (photos, medical records, police reports)
• Interview eyewitnesses while memories are fresh
• Retain accident reconstruction experts if needed
• Negotiate with insurance companies from a position of strength
• File properly with all required documentation

Wondering how long the overall legal process takes once you file? Read our detailed overview of how long a personal injury lawsuit takes in Texas.

What Steps Should You Take Right After an Injury?

Time is your most valuable asset after an accident. Here's what to do immediately:

1. Seek medical attention — Your health comes first, and medical records serve as key evidence.
2. Document the scene — Take photographs, get witness contact info, and preserve any physical evidence.
3. Report the incident — File a police report for accidents; an incident report at work for workplace injuries.
4. Avoid recorded statements — Do not give a recorded statement to the other party's insurance company without an attorney present.
5. Contact a personal injury attorney — Most Texas personal injury lawyers offer free consultations.

For a full checklist, see our guide on the essential steps to take after a personal injury accident. You should also read about when to hire a personal injury lawyer to avoid costly mistakes.

How Much Compensation Can You Recover?

Texas personal injury victims may be entitled to recover compensation for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• In some cases, punitive damages

To understand what your claim might realistically be worth, read our guide on how much a personal injury case is worth and the differences between compensatory vs. punitive damages.

Note that Texas follows a modified comparative fault rule. If you are found to be more than 50% responsible for the accident, you cannot recover damages. If you are 50% or less at fault, your damages will be reduced by your percentage of fault.

Take Action Before Your Deadline Passes

Every day you wait is a day that could weaken your case. Evidence disappears, witnesses move on, and insurance companies use delays against you. Whether your accident happened in Austin, Dallas, Houston, San Antonio, Frisco, or Friendswood, experienced legal representation is just a click away.

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