Texas Statute of Limitations for Personal Injury: The Deadline, the Exceptions, and What Counts as the Start Date

Texas generally gives two years to bring a personal injury lawsuit after the claim accrues, under Civil Practice and Remedies Code § 16.003 (opens in a new tab). That is not a universal deadline. Health care liability claims, claims against governmental units, wrongful death claims, injuries involving minors, and claims such as defamation or assault follow different rules. Accrual, the point when the clock starts, often matters more than the calendar date of the accident, and the Texas Supreme Court recognizes a limited discovery rule for injuries that are inherently undiscoverable and objectively verifiable. Filing and service of the lawsuit matter too.

What is the general Texas deadline?

Section 16.003(a) (opens in a new tab) says a person must bring suit for personal injury, along with several property-related claims such as trespass to property and conversion of personal property, not later than two years after the day the cause of action accrues. The section starts with "Except as provided by Sections 16.010, 16.0031, and 16.0045," so other statutes can change the period. Because it covers injury to property as well, property damage from a vehicle accident generally falls under the same two-year rule.

If you are asking about the four-year period you may have seen mentioned for Texas, that figure belongs to other claims. Section 16.004 (opens in a new tab) lists fraud and breach of fiduciary duty at four years, and claims with no stated period generally fall under the four-year residual period in § 16.051 (opens in a new tab). Neither one replaces the two-year rule for bodily injury.

When does the limitations clock start?

Texas measures limitations from accrual of the cause of action, which is not always the day of the accident. The Texas Supreme Court describes the discovery rule as a narrow doctrine that defers accrual when the wrongful act and resulting injury were inherently undiscoverable when they occurred but can be objectively verified, as it explains in a decision quoting S.V. v. R.V. (opens in a new tab). Accrual is deferred until the person knew, or through reasonable diligence should have known, of the wrongful act and the injury.

The rule is not a general extension for late filing. The person relying on it must raise it and carries the burden of proving the facts that support it. In BP America Production Co. v. Marshall (opens in a new tab), the Court also separated the discovery rule from fraudulent concealment: the discovery rule changes when a claim accrues, while fraudulent concealment pauses limitations after accrual for the period the doctrine allows.

Does a child or a person of unsound mind get extra time?

Under § 16.001 (opens in a new tab), a legal disability means being younger than 18, regardless of marriage, or being of unsound mind. When a person entitled to bring a personal action is under a legal disability at the time the claim accrues, the period of disability is not counted in the limitations period. One disability cannot be stacked on another, and a disability that begins after the clock has started does not stop it.

Health care claims have their own minor rule. Under § 74.251(a) (opens in a new tab), a minor under 12 has until the 14th birthday to file, or to have a claim filed on the child's behalf. Otherwise that section applies regardless of minority or other disability.

Are medical negligence claims different?

Yes. Chapter 74 of the Civil Practice and Remedies Code sets separate steps for health care liability claims:

• Section 74.051 (opens in a new tab) requires written notice by certified mail, return receipt requested, to each physician or health care provider at least 60 days before suit is filed. Under § 74.051(c), the notice tolls the limitations period for 75 days.
• Section 74.251 (opens in a new tab) generally requires filing within two years of the breach or tort, or of the completion of the treatment or hospitalization, and sets a ten-year outer limit, called a statute of repose, from the act or omission.
• Section 74.351(a) (opens in a new tab) requires serving a required report and curriculum vitae no later than the 120th day after each defendant's original answer, subject to statutory extensions and exceptions.

So, if a doctor or hospital is involved, these steps run alongside the ordinary two-year period rather than replacing it, and a lawyer can explain how they fit together.

What if the defendant is a city, county, or state agency?

A governmental unit is entitled to notice no later than six months after the incident under § 101.101(a) (opens in a new tab). The notice has to reasonably describe the damage or injury, the time and place, and the incident. Section 101.101(c) has an actual-notice exception, and cities may have their own charter or ordinance requirements under § 101.101(b). The six-month notice is a separate step from the lawsuit deadline, so both timelines matter.

What if the injury caused a death?

Two kinds of claims can follow a death. Under § 71.021 (opens in a new tab), a personal injury claim for the injured person's health, reputation, or person does not end because of the death and may be pursued by the estate's personal representative, subject to the limitations rules that apply. Section 71.002 (opens in a new tab) defines the wrongful death claim and who may bring it, and § 16.003(b) provides a two-year period for wrongful death actions after accrual, subject to statutory qualifications.

What deadlines apply to property damage, assault, and defamation?

Property damage from a vehicle accident generally falls under § 16.003(a) and its two-year period. Section 16.002(a) (opens in a new tab) gives one year for libel, slander, and malicious prosecution. Assault and battery claims depend on how the civil claim is classified: a bodily injury negligence claim may fall under § 16.003, while a claim characterized as defamation or another specific action may carry a different period. Section 16.0045 (opens in a new tab) contains special five-year and 30-year periods for specified sexual offenses and related injuries.

What can pause or change the period?

Several rules can suspend or affect the clock, and each has conditions:

• Absence from Texas: Section 16.063 (opens in a new tab) suspends limitations for the period the defendant is absent from the state.
• Wrong court: Section 16.064 (opens in a new tab) suspends limitations between a first filing and a second filing when the first case was dismissed for lack of jurisdiction, the same action is filed in a proper court within 60 days after final dismissal, and the first filing was not made with intentional disregard of proper jurisdiction.
• Fraudulent concealment: Texas Supreme Court authority treats it as a fact-specific doctrine that requires proof the defendant knew a wrong occurred, had a fixed purpose to conceal it, and concealed it. The pause ends when the fraud is discovered or could have been discovered with reasonable diligence, as the Court explained in this opinion (opens in a new tab).
• Bankruptcy: 11 U.S.C. § 362(a) (opens in a new tab) generally stays starting or continuing an action against a bankruptcy debtor. How that affects a particular Texas deadline depends on the claim, the debtor, and the stay.
• Counterclaims and cross-claims: Section 16.069 (opens in a new tab) lets certain claims from the same transaction or occurrence be filed no later than 30 days after the answer is required, even if they would otherwise be barred.

Temporary court extensions from 2020 were limited to that period and are not a current general extension.

What counts as bringing suit?

In Tanner v. Texas State University (opens in a new tab), the Texas Supreme Court states that bringing suit involves filing an original petition and carrying out service of process. If service happens after limitations runs, a timely filing can still count when the person diligently tried to serve from the end of the limitations period until service was completed. A demand letter to an insurance company is not the filing of a petition.

Texas Rule of Civil Procedure 99 (opens in a new tab) covers issuance and form of citation, and Rule 106 (opens in a new tab) generally permits personal delivery or registered or certified mail, return receipt requested. A court may authorize substituted service after the required showing. In general, the steps are to prepare the original petition, file it with the clerk of the appropriate court, commonly through eFileTexas as TexasLawHelp's e-filing guide (opens in a new tab) describes, request a citation, arrange service by an authorized process server, sheriff, constable, or other authorized method, and keep the citation, return, and records of each service attempt. A court clerk can give procedural information but cannot give legal advice.

How do other states compare?

Deadlines differ by state, so one state's period should not be applied to another. California Courts state that personal injury claims there generally have two years from the injury under Code of Civil Procedure § 335.1 (opens in a new tab), and New York Courts state that ordinary negligence causing personal injury generally has a three-year period under CPLR § 214(5) (opens in a new tab). Both differ from the Texas two-year rule.

What should you gather for a prompt legal review?

A lawyer or legal-aid office can evaluate the dates more quickly with the records in hand:

• The incident date and location, and the names and addresses of possible defendants.
• Medical records, bills, diagnoses, and treatment dates.
• Photographs, video, witness details, and incident reports.
• Insurance correspondence and demand letters.
• The identity of any government entity and any notice already sent.
• For a health care claim, the presuit notice and certified mail records.
• A petition filing receipt, citation, and service records, if a case has been filed.
• A death certificate and probate information, a child's date of birth, or disability information, when they apply.
• Dates of any earlier case that was dismissed and refiled.

Where can you find help?

The State Bar of Texas Lawyer Referral and Information Service (opens in a new tab), (800) 252-9690, refers callers to lawyers or other resources, and the State Bar states that an initial consultation of up to 30 minutes costs no more than $20. The State Bar also lists certified local referral services (opens in a new tab), and its Legal Access Department (opens in a new tab) points to county-based legal services. TexasLawHelp (opens in a new tab) lists legal-aid resources, with Spanish-language pages at es.texaslawhelp.org (opens in a new tab).

You can also compare Texas personal injury law firms by city in our lawyer directory.

Frequently asked questions

These answers add details that matter once you have the general rule.

Does the clock always start on the accident date?

Not necessarily. Accrual and any applicable discovery rule are analyzed under Texas law, and the rule applies only to injuries that are inherently undiscoverable and objectively verifiable.

Can you sue after the deadline has passed?

Some situations pause or extend the period, including a legal disability at accrual, the defendant's absence from Texas, fraudulent concealment, and a case dismissed from the wrong court and refiled within 60 days. Each has conditions, so a lawyer can check whether any fits the facts.

What if the first lawsuit was filed in the wrong court?

Section 16.064 may suspend limitations if the first case was dismissed for lack of jurisdiction and the same action is refiled in a proper court within 60 days after final dismissal. It does not apply when the first filing was made with intentional disregard of proper jurisdiction.

Is filing a petition enough?

Texas Supreme Court authority treats bringing suit as involving both filing and service. Diligence in attempting service can affect whether service after the deadline relates back to the timely filing.

Next step

If you are not sure which deadline fits your situation, a Texas lawyer can review the dates and records with you; you can search Texas personal injury firms in the Counselado lawyer directory.