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

If you've been injured in Texas, time is not on your side. The clock starts ticking the moment you're hurt, and if you wait too long to take legal action, you could lose your right to compensation forever.

This guide explains the Texas statute of limitations for personal injury claims—and why you should act sooner rather than later.

The Basic Rule: 2 Years

In Texas, you generally have 2 years from the date of your injury to file a personal injury lawsuit. This is called the statute of limitations.

Miss this deadline by even one day, and the court will almost certainly dismiss your case. No exceptions, no extensions, no second chances.

This 2-year deadline applies to:

Car accidents
Truck accidents
Motorcycle accidents
Slip and fall accidents
Workplace injuries (for non-subscribers)
Product liability cases
Most other personal injury claims

Special Rules and Exceptions

While the 2-year rule applies to most cases, some situations have different deadlines:

Claims Against the Government (6 Months!)

If your injury was caused by a government entity—a city bus, a state employee, a federal vehicle—you have much less time.

Texas Tort Claims Act: You must file a formal notice of claim within 6 months of your injury. Miss this deadline and you cannot sue the government entity.

Medical Malpractice (2 Years, but...)

Medical malpractice claims have a 2-year statute of limitations, but with a twist. If you didn't discover your injury right away (for example, a surgeon left an instrument inside you), the clock might start when you discovered or should have discovered the injury.

However, Texas has a "statute of repose" that bars most medical malpractice claims after 10 years, regardless of when you discovered the injury.

Minors (The Clock Pauses)

If the injured person is under 18, the statute of limitations is "tolled" (paused) until they turn 18. This means a child injured at age 10 would have until age 20 to file a lawsuit.

But don't wait. Evidence disappears. Witnesses move away. It's always better to act quickly.

Wrongful Death (2 Years from Death)

If a loved one dies due to someone else's negligence, the 2-year clock starts on the date of death—not the date of the accident that caused the death.

Why You Shouldn't Wait

Even though you technically have 2 years, waiting is a mistake. Here's why:

Evidence Disappears

Surveillance footage gets deleted. Accident scenes get cleaned up. Vehicle damage gets repaired. The longer you wait, the harder it becomes to prove what happened.

Witnesses Forget

People's memories fade quickly. A witness who saw everything clearly a week after the accident might not remember details a year later.

Medical Records Get Harder to Obtain

Doctors retire. Clinics close. Medical records can be difficult to track down after time passes.

Insurance Companies Get Suspicious

If you wait a long time to file a claim, insurance companies will argue you must not have been hurt that badly. Why else would you wait?

You Need Money Now

Medical bills pile up. You might be missing work. Your family is struggling. The sooner you start the legal process, the sooner you can get compensation.

The Discovery Rule: When the Clock Really Starts

In some cases, the statute of limitations doesn't start until you discover (or reasonably should have discovered) your injury.

Example: A doctor performs surgery and accidentally leaves a sponge inside you. You don't notice any problems until 18 months later when you start having pain. The discovery rule would start the 2-year clock when you discovered the sponge—not when the surgery happened.

However, the discovery rule is complicated and doesn't apply to all cases. Don't assume it applies to your situation.

What Happens If You Miss the Deadline

If you file a lawsuit after the statute of limitations expires, the defendant will file a "motion to dismiss" and the court will grant it. Your case is over.

There are virtually no exceptions. Courts enforce the statute of limitations strictly.

The only silver lining: You might still be able to file an insurance claim (insurance claims have separate deadlines from lawsuits). But your leverage in negotiations is gone if the insurance company knows you can't sue.

Protect Your Rights: Contact a Lawyer Now

The best way to protect yourself is to contact a personal injury lawyer as soon as possible after your injury. Here's what a lawyer will do:

Identify all applicable deadlines — Some claims have shorter deadlines than others
Preserve evidence — Send preservation letters to prevent evidence destruction
Start building your case — The earlier, the better
Handle all the legal work — So you can focus on recovery

Most personal injury lawyers offer free consultations and work on contingency (you don't pay unless you win). There's no risk in calling.

Don't Let Time Run Out

Every day that passes is a day closer to losing your right to compensation. If you've been injured in Texas, contact us today for a free case review. We'll make sure you don't miss any deadlines—and fight to get you the money you deserve.