Texas Statute of Limitations for Personal Injury Claims

A "statute of limitations" is a legal deadline for filing a lawsuit. In Texas, personal injury victims generally have two years from the date of injury to file a lawsuit—miss this deadline and you forfeit your right to seek compensation through the legal system, regardless of how serious your injuries are or how clearly the other party was at fault.

These deadlines exist to ensure cases are resolved while evidence is still fresh and witnesses' memories are reliable. While some find these limits harsh, courts strictly enforce them. Understanding your deadline—and acting promptly—is one of the most important steps in protecting your legal rights after an accident.

If you've been injured, don't wait to speak with an Austin personal injury lawyer. The sooner you act, the better positioned you'll be to build a strong case and pursue full compensation.

The General Rule: 2 Years

Texas Civil Practice & Remedies Code § 16.003

Under Texas law, the standard statute of limitations for personal injury claims is two years. This two-year period typically begins on the date of the accident or injury. The rule applies to most personal injury claims, including:

• Car, truck, and motorcycle accidents
• Slip and fall injuries
• Premises liability claims
• Assault and battery
• Most negligence-based claims

What Happens When You Miss the Deadline

If you attempt to file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss, and the court will almost certainly grant it. Your case will be thrown out, and you'll have no legal recourse to recover compensation—even if:

• Your injuries were severe
• The defendant was clearly at fault
• You have substantial evidence
• You suffered significant financial losses

There are only rare, limited exceptions to this rule, and courts interpret them very strictly.

Statute of Limitations by Claim Type

While the 2-year rule applies to most personal injury cases, specific claim types have their own deadlines and considerations:

Car Accident Claims

Deadline: 2 years from the date of the accident

This applies whether you're claiming property damage, personal injuries, or both. Learn more about Austin car accident claims.

Truck Accident Claims

Deadline: 2 years from the date of the accident

Commercial truck cases often involve multiple parties (driver, trucking company, cargo loaders), but the same 2-year deadline applies. See our truck accident lawyer page for more information.

Motorcycle Accident Claims

Deadline: 2 years from the date of the accident

Motorcycle crashes often result in severe injuries requiring lengthy treatment, but the clock doesn't stop. Contact our motorcycle accident attorneys promptly.

Medical Malpractice Claims

Deadline: 2 years from the date of the negligent act or omission

Statute of Repose: 10 years maximum (absolute cutoff)

Medical malpractice cases have complex timing rules. The discovery rule may apply if the injury wasn't immediately apparent. Learn more from our medical malpractice lawyers.

Wrongful Death Claims

Deadline: 2 years from the date of death

Note that the clock starts from the death—not the accident or negligent act that caused it. Our wrongful death attorneys handle these sensitive cases with care.

Product Liability Claims

Deadline: 2 years from the injury

Statute of Repose: 15 years from the date of sale (with limited exceptions)

Premises Liability Claims

Deadline: 2 years from the date of injury

This includes slip and fall accidents, inadequate security, and dangerous property conditions.

Workplace Injury Claims

Workers' Compensation: 1 year to file with the Texas Department of Insurance, Division of Workers' Compensation

Personal Injury Lawsuit (against non-subscriber): 2 years from injury

Texas workplace injuries have complex rules depending on whether your employer carries workers' comp. See our workplace injury page for details.

Exceptions That May Extend the Deadline

In limited circumstances, the statute of limitations may be "tolled" (paused) or extended:

Discovery Rule

In some cases, the injury isn't immediately apparent. Under the discovery rule, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered, rather than when the negligent act occurred. This most commonly applies in:

• Medical malpractice (surgical errors discovered later)
• Toxic exposure cases
• Certain product liability claims

Minor Children

When the injured person is a minor (under 18), the statute of limitations is typically "tolled" until they turn 18. The child then has 2 years from their 18th birthday to file a lawsuit. However, a parent or guardian can file a claim on the child's behalf during their minority.

Mental Incapacity

If the injured person is legally mentally incapacitated at the time of injury, the statute of limitations may be tolled during the period of incapacity. This must be a legal incapacity, not just mental distress from the accident.

Defendant Leaves Texas

If the defendant leaves Texas after the cause of action accrues, the time they are absent from the state may not count toward the limitations period. This exception is rarely applicable in modern cases due to long-arm statutes.

Exceptions That Shorten the Deadline

Some claims have deadlines shorter than two years—particularly claims against government entities:

Claims Against Government Entities

If your injury was caused by a city, county, state agency, or government employee acting in their official capacity, significantly shorter deadlines apply:

• Notice requirement: You must provide formal written notice within 6 months of the incident
• Specific format: The notice must contain specific information required by law
• Filing deadline: The lawsuit deadline may also be shortened

Texas Tort Claims Act

Claims against the government are governed by the Texas Tort Claims Act, which provides limited waivers of sovereign immunity. This law also imposes damage caps and procedural requirements that don't apply to claims against private parties. Missing the notice deadline typically means losing your right to sue.

Statute of Repose vs. Statute of Limitations

What is a Statute of Repose?

While a statute of limitations begins running when an injury occurs (or is discovered), a statute of repose creates an absolute cutoff date measured from a specific event—regardless of when injury occurs or is discovered.

Medical Malpractice: 10-Year Statute of Repose

In Texas, no medical malpractice claim can be filed more than 10 years after the negligent act or omission—even if the injury wasn't discovered until later. This means if you discover a surgical error 11 years after the surgery, you cannot pursue a claim.

Product Liability: 15-Year Statute of Repose

Texas generally bars product liability claims filed more than 15 years after the product was sold, with limited exceptions for latent injuries (like those from toxic exposure).

Why You Shouldn't Wait to File

Even if you have time remaining on your statute of limitations, there are compelling reasons to act quickly:

Evidence Deteriorates

Critical evidence can disappear over time. Surveillance footage gets overwritten, accident scenes change, vehicles are repaired or scrapped, and documents get lost. Acting quickly allows your attorney to preserve evidence before it's gone.

Memories Fade

Witness testimony is most reliable when memories are fresh. The longer you wait, the harder it becomes for witnesses to recall specific details that could support your case.

Insurance Issues

Insurance policies may have expired or coverage limits depleted by other claims. Companies may change hands or go out of business. Acting promptly helps ensure insurance coverage is available.

Negotiation Leverage

Starting early gives you more time to negotiate a fair settlement. If negotiations fail, you'll still have time to file a lawsuit and take the case to trial—a possibility that gives you significant leverage.

Calculating Your Deadline

When the Clock Starts

For most cases, the statute of limitations begins on:

• Most personal injury claims: Date of the accident
• Discovery rule cases: Date injury was discovered (or should have been)
• Wrongful death: Date of death

How to Count

The deadline is exactly 2 years from the triggering date. If your accident occurred on March 15, 2024, you must file your lawsuit by March 15, 2026.

Important:

• Weekends and holidays are included in the count
• Filing "on" the deadline is risky—file before the deadline
• Your lawsuit must be actually filed with the court, not just prepared

Protecting Your Claim

Take Action Now

The single most important step you can take is to contact an attorney as soon as possible after your injury. An experienced lawyer will:

• Calculate your specific deadline
• Identify any exceptions that may apply
• Ensure timely filing
• Preserve critical evidence

Don't Rely on Exceptions

While exceptions exist, don't count on them applying to your case. Courts interpret statute of limitations exceptions narrowly, and proving that an exception applies can be difficult. It's always better to file within the standard deadline than to argue for an exception later.

Learn more about the personal injury claim process in Texas.

Our Austin Personal Injury Lawyers Can Help

At The Juris Firm, we understand the critical importance of deadlines in personal injury cases. When you work with us, we:

• Track all deadlines: We calendar every important date in your case
• Ensure timely filing: We file all documents well before deadlines
• Protect your legal rights: We make sure procedural issues don't derail your case
• Offer free consultations: We'll review your case at no cost to you

See our case results to learn how we've helped accident victims throughout Austin recover the compensation they deserve.