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

After an accident, filing a lawsuit may not be the first thing on your mind. Medical appointments, pain, missed work, vehicle repairs, and the disruption to your everyday life can easily take priority.

Unfortunately, Texas law does not give injured people an unlimited amount of time to pursue compensation.

In most Texas personal injury cases, a lawsuit must be filed within two years after the cause of action accrues. Texas Civil Practice and Remedies Code Section 16.003 establishes this two-year limitations period for personal injury claims. It also generally provides a two-year period for wrongful death actions, with the cause of action accruing on the injured person's death.

This deadline is known as the statute of limitations.

While two years may sound like plenty of time, waiting can create serious problems. Some claims have different deadlines or additional notice requirements, and important evidence can disappear long before the statute of limitations expires.

Understanding the deadline—and acting well before it arrives—can help protect your ability to pursue a personal injury claim in Texas.

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

For many personal injury lawsuits, Texas law gives an injured person two years from the date the cause of action accrues to file suit.

In a straightforward accident case, that often means two years from the date the injury occurred.

For example, this two-year limitations period can commonly apply to claims arising from:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Slip and fall accidents
• Premises liability
• Animal attacks
• Certain workplace and third-party accidents
• Other injuries caused by alleged negligence

However, the exact deadline depends on the type of claim and the facts involved. There are exceptions and special rules, which is why an injured person should not automatically calculate a deadline without considering the circumstances of the case.

What Happens if You Miss the Two-Year Deadline?

Missing the applicable statute of limitations can have serious consequences.

If a lawsuit is filed after the limitations period has expired, the defendant may raise the statute of limitations as a defense and seek dismissal of the claim.

That can mean losing the opportunity to pursue compensation through that lawsuit regardless of how significant the injuries or losses may be.

This is one reason Brown & Musslewhite, Ltd., LLP encourages injured individuals to seek legal guidance promptly rather than waiting until a deadline is approaching.

Does the Two-Year Deadline Apply to Car Accident Claims?

Generally, personal injury claims arising from Texas car accidents are subject to the two-year limitations period under Section 16.003.

But waiting two years to begin dealing with a car accident claim can create practical difficulties.

Evidence that may be important after a Houston collision can include:

• Police crash reports
• Photographs of the vehicles and accident scene
• Dashcam footage
• Surveillance video from nearby businesses
• Witness statements
• Vehicle damage
• Medical records
• Cellphone or electronic records in appropriate cases
• Employment records documenting lost income

Some of this evidence may become unavailable with time. Witnesses can become difficult to locate, memories fade, vehicles are repaired or destroyed, and surveillance footage may be overwritten.

The legal filing deadline is therefore not necessarily the same as the ideal timeframe for beginning an investigation.

How Long Do You Have After a Texas Truck Accident?

Personal injury lawsuits arising from truck accidents are also generally subject to Texas's two-year personal injury limitations period.

Truck accident cases, however, can involve substantially more evidence than an ordinary passenger-vehicle collision.

Depending on the circumstances, relevant evidence could include:

• Driver qualification records
• Electronic logging information
• Vehicle inspection records
• Maintenance records
• Dispatch information
• Company safety policies
• Electronic data from the truck
• Cargo records
• Drug and alcohol testing information where applicable
• Communications between the driver and trucking company

There may also be multiple potentially responsible parties, such as a driver, trucking company, maintenance provider, cargo-related company, or another business.

Because important commercial records can become central to determining what happened, beginning the investigation promptly may be especially important following a serious truck accident.

Is Filing an Insurance Claim the Same as Filing a Lawsuit?

No.

This distinction is important.

An insurance claim and a personal injury lawsuit are not the same thing.

An insurance claim generally involves seeking compensation from an insurance company. A lawsuit involves formally filing a legal action in court.

Negotiating with an insurer does not necessarily mean a lawsuit has been filed.

An injured person should therefore not assume that ongoing settlement negotiations automatically protect the deadline for bringing a lawsuit. If the applicable statute of limitations expires while negotiations are continuing, that can create serious legal problems.

Should You Wait Until Settlement Negotiations Fail to Worry About the Deadline?

No.

A personal injury claim may sometimes be resolved through negotiations without filing a lawsuit. But the limitations deadline should still be tracked from the beginning.

An insurance company may investigate a claim, request records, communicate with the injured person, or make settlement offers without a lawsuit being pending.

The approaching statute of limitations can significantly affect what options remain if negotiations do not result in an acceptable resolution.

Are There Exceptions to the Two-Year Statute of Limitations?

Yes.

Although two years is the general rule for many Texas personal injury claims, not every case follows the same timeline.

Texas law contains exceptions and separate limitations provisions for certain circumstances and types of injuries.

For example, Chapter 16 of the Texas Civil Practice and Remedies Code contains special provisions concerning legal disabilities and particular types of injury claims.

Rather than assuming an exception applies, the specific facts should be evaluated carefully.

What if the Injured Person Is a Minor?

Texas law includes a tolling provision for certain individuals considered to be under a legal disability when the cause of action accrues.

Section 16.001 identifies a person younger than 18 as being under a legal disability for purposes of the limitations statute and provides that the period of disability is generally not included in a limitations period.

However, claims involving minors can present additional issues, and different claims arising from the same accident may not necessarily be treated identically.

Parents should therefore avoid assuming that every deadline is automatically postponed simply because their child was injured.

What if You Did Not Discover Your Injury Immediately?

Some injuries are obvious immediately after an accident. Others may not become apparent until later.

Texas law recognizes a discovery rule in limited circumstances, but it should not be assumed to apply to every delayed injury.

The Texas Supreme Court has traditionally described the discovery rule as a narrow exception that may defer accrual when an injury is inherently undiscoverable and objectively verifiable.

For an ordinary accident where the event itself and the possibility of injury are known, waiting until symptoms become more severe does not necessarily restart the limitations period.

That makes timely medical evaluation and legal review important even when an injury initially appears manageable.

Are Claims Against the Government Different?

They can be—and this is one of the most important reasons not to rely exclusively on the general two-year deadline.

Under the Texas Tort Claims Act, a governmental unit is generally entitled to receive notice of a claim within six months of the incident. The notice must reasonably describe the claimed injury or damage, the time and place of the incident, and what occurred. Texas law also recognizes circumstances involving actual notice, and city charter or ordinance provisions may impose their own permitted notice periods.

That means a case involving a governmental entity may require action well before two years have passed.

Potential examples could include accidents involving certain:

• Government-owned vehicles
• Public property
• Municipal operations
• Government employees acting within the scope of employment

Governmental claims also involve immunity and other specialized rules, so ordinary personal injury assumptions may not apply.

What Is the Deadline for a Texas Wrongful Death Lawsuit?

Texas Civil Practice and Remedies Code Section 16.003 generally requires an action for injury resulting in death to be brought within two years after the cause of action accrues, and the statute provides that the cause of action accrues on the injured person's death.

Wrongful death cases may arise from circumstances such as:

• Fatal car accidents
• Commercial truck collisions
• Motorcycle accidents
• Dangerous premises
• Defective products
• Workplace incidents
• Medical negligence
• Other fatal incidents allegedly caused by wrongful conduct

Because wrongful death claims can involve additional legal and factual issues, families should have the applicable deadlines evaluated based on their particular circumstances.

Are Medical Malpractice Deadlines Different in Texas?

Medical malpractice claims deserve separate attention because Texas has specific laws governing health care liability claims.

These cases can involve distinct limitations rules, notice requirements, procedural requirements, and deadlines that differ from an ordinary negligence claim.

For that reason, someone who believes a doctor, hospital, nursing facility, or other health care provider caused an injury should not assume that the general personal injury timeline is the only deadline that matters.

Brown & Musslewhite, Ltd., LLP handles medical malpractice matters in Houston and can evaluate the circumstances surrounding an alleged medical injury.

Do Product Liability Cases Have Special Time Limits?

They can.

An injury caused by an allegedly defective product may involve the ordinary personal injury statute of limitations as well as a separate statute of repose affecting certain product liability claims.

Unlike a statute of limitations, which generally focuses on when a claim accrues, a statute of repose can establish an outside deadline connected to another event, such as when a product was sold.

Texas law generally requires a products liability action against a manufacturer or seller to be commenced before the end of 15 years after the defendant's sale of the product, subject to statutory exceptions.

Because multiple timing rules may apply, product liability claims should be evaluated individually.

Why Should You Start a Personal Injury Claim Before the Deadline Approaches?

The statute of limitations is only one reason to act promptly.

A strong personal injury investigation often depends on evidence, and evidence does not necessarily remain available indefinitely.

Waiting can make it harder to obtain:

Surveillance Video

Businesses, apartment complexes, parking facilities, and other properties may routinely overwrite security footage.

Witness Testimony

Witnesses may move, change contact information, or have difficulty remembering specific details as time passes.

Physical Evidence

Vehicles may be repaired, damaged property may be replaced, and dangerous conditions on a property may be corrected.

Commercial Records

Truck accidents, workplace incidents, and commercial vehicle cases may involve company records and electronic information that should be identified and preserved.

Medical Documentation

Prompt medical treatment can document injuries, symptoms, diagnoses, and the progression of a person's condition.

Beginning early provides more opportunity to identify and preserve evidence before it disappears.

What if the Insurance Company Is Already Handling Your Claim?

An insurance company communicating with you does not mean you can ignore the statute of limitations.

Insurers may request:

• Recorded statements
• Medical records
• Medical authorizations
• Bills
• Wage documentation
• Accident information
• Photographs
• Other evidence

They may also make a settlement offer.

But the insurance company handling a claim does not have the same role as an attorney representing the injured person.

Before accepting a settlement, it is important to understand the extent of the injuries, available insurance coverage, potential future medical needs, lost income, and other damages that may be involved.

Can You File a Claim Close to the Two-Year Deadline?

A lawsuit may potentially be filed before the applicable deadline expires, but waiting until the last minute can create unnecessary complications.

A personal injury attorney may need time to:

1. Investigate how the accident occurred
2. Identify the potentially responsible parties
3. Determine available insurance coverage
4. Obtain medical records
5. Review accident reports
6. Locate witnesses
7. Preserve important evidence
8. Calculate damages
9. Evaluate legal claims
10. Prepare the appropriate court filings if litigation becomes necessary

Some cases are also more complicated than they initially appear.

For example, what seems like a simple vehicle accident could involve a commercial vehicle, an employer, a defective vehicle component, or a governmental entity—each of which could raise additional issues.

How Do You Know Which Deadline Applies to Your Case?

There is no substitute for evaluating the actual circumstances.

Questions that can affect the deadline include:

• When did the accident occur?
• When did the cause of action accrue?
• What type of injury claim is involved?
• Who caused the injury?
• Is a governmental entity involved?
• Was the injured person a minor?
• Does a special limitations statute apply?
• Is there a separate notice requirement?
• Does a statute of repose apply?

This is why simply searching for “Texas personal injury statute of limitations” and marking two years on a calendar may not be enough.

Don't Wait Until the Statute of Limitations Is About to Expire

For many Texas personal injury cases, two years is the key limitations period. But the safest approach is not to treat that deadline as permission to wait.

An early investigation can help preserve evidence, identify responsible parties, document damages, and determine whether any shorter deadlines or special requirements apply.

The sooner those questions are addressed, the more time there is to make informed decisions about an insurance claim or lawsuit.

Injured in Houston, Texas? Brown & Musslewhite, Ltd., LLP Can Help

If you were injured because of someone else's negligence, understanding your legal deadline is an important first step toward protecting your ability to seek compensation.

Brown & Musslewhite, Ltd., LLP represents injured individuals and families in Houston, Texas, in matters involving auto accidents, truck and commercial vehicle accidents, motorcycle and bicycle accidents, slip and falls, premises liability, product liability, workplace accidents, medical malpractice, wrongful death, offshore injuries, and other personal injury claims.

The firm offers consultations at no cost, and clients pay no attorney's fee unless and until money is recovered through a settlement or judgment.

If you have questions about how much time remains to pursue your claim, do not wait until the deadline is approaching. Contact Brown & Musslewhite, Ltd., LLP to discuss your situation and the legal options that may be available.