Find out how long you have to file a personal injury lawsuit in our statute of limitations guide.
Want to quickly check if the statute of limitations has expired for your accident? Find out by answering two simple questions.
A personal injury statute of limitations sets the maximum time you have to file a lawsuit after an injury occurs. If you miss this deadline, your case will likely be dismissed, and you may lose your right to recover damages entirely.
Under Texas Civil Practice & Remedies Code Section 16.003, the statute of limitations for personal injury in Texas is two years from the date of injury.
This deadline applies to most personal injury cases involving negligence or wrongful conduct, including:
Failing to file within this two-year window will typically result in your claim being permanently barred, regardless of its merits.
In most cases, the clock starts running on the date of the injury. For example, if you are injured in a car accident, the two-year period begins on the day of the crash.
In certain situations, the clock may start later under the discovery rule. This applies when:
In these cases, the statute of limitations begins when the injury is discovered (or reasonably should have been discovered).
For wrongful death claims, the two-year deadline typically begins on the date of death, not the date of the underlying injury.
Certain circumstances can alter or extend the standard deadline. Understanding these exceptions is essential.
If you fail to file your claim within the applicable statute of limitations:
Courts strictly enforce these deadlines, making timely action essential.
Even if you technically have time, delaying your claim can hurt your case:
Taking early action helps preserve critical evidence and strengthens your position when pursuing compensation.
In most cases, it is two years from the date of injury under Texas Civil Practice & Remedies Code Section 16.003.
Yes, in limited situations such as cases involving minors, mental incapacity, or delayed discovery of an injury.
It allows the statute of limitations to begin when an injury is discovered (or reasonably should have been discovered), rather than when it occurred.
Wrongful death claims generally follow a two-year deadline, starting from the date of death.
Your case will likely be dismissed, and you may lose your ability to recover compensation.
Our personal injury law firm has successfully represented injured individuals and families across the RGV, Greater San Antonio, and Midland-Odessa regions, ranging from the Rio Grande Valley to the Permian Basin.
