The Texas personal injury statute of limitations generally gives you two years from the date of your injury to file a lawsuit. Some claims have much shorter deadlines, such as the six-month notice requirement for claims against government entities, and a few exceptions can pause the clock. If you miss the deadline, you will likely lose the right to recover compensation, so speaking with an injury attorney early is essential.
Texas personal injury claims have a two-year statute of limitations under Section 16.003 of the Texas Civil Practice and Remedies Code, meaning most injured people must file a lawsuit within two years of the day they were hurt. That deadline sounds generous, but investigations, medical treatment, and insurance negotiations can consume much of that time. Understanding how the deadline works, and when it changes, is one of the most important steps in protecting your claim.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time you have to file a lawsuit after an injury or loss. Once that period expires, the defendant can ask the court to dismiss your case, and courts almost always grant that request. It does not matter how strong the evidence is or how serious the injuries are. A late filing typically ends the claim.
These deadlines exist because evidence fades over time. Witnesses forget details, vehicles are repaired or scrapped, surveillance video is overwritten, and records are discarded. The law encourages injured people to bring claims while the evidence is still available, and it gives defendants a point at which they no longer face the threat of a lawsuit.
The Two-Year Rule for Most Texas Injury Claims
For most personal injury cases in Texas, the clock starts on the date of the accident and runs for two years. That rule applies to many of the cases our firm handles, including:
- Car accident claims, including rear-end collisions, rideshare crashes, and distracted driving wrecks.
- Truck accident claims involving commercial vehicles and 18-wheelers.
- Motorcycle accident claims, which often involve severe injuries and disputed fault.
- Slip and fall and other premises liability claims.
- Dog bites and other negligence-related injuries.
The two-year period is a deadline to file a lawsuit in court, not simply to open an insurance claim. Many people assume that reporting the accident to an insurer protects their rights. It does not. If settlement negotiations drag on and the two-year mark passes without a lawsuit on file, the insurance company has little reason to keep negotiating.
Filing the lawsuit is also not the final step. Texas law requires the plaintiff to serve the defendant with diligence. A petition filed on time can still be dismissed if the defendant is not properly served within a reasonable period, which is another reason to avoid waiting until the last few weeks.
Wrongful Death Claims
When a loved one dies because of someone else’s negligence, the surviving spouse, children, and parents generally have two years from the date of death to file a wrongful death claim. That date may differ from the accident date if the person survived for a period of time after being injured. Families dealing with grief often set legal matters aside, which is understandable, but the deadline keeps running.
Claims Against Government Entities Have Much Shorter Deadlines
If a city vehicle, county employee, public school bus, or state agency caused your injury, the Texas Tort Claims Act generally requires you to give the government written notice of your claim within six months of the incident. Many Texas cities set even shorter notice deadlines in their charters. Missing the notice deadline can bar the claim even though the two-year filing period has not expired.
Claims involving federal employees or vehicles follow a different process under the Federal Tort Claims Act. In the Corpus Christi area, that can include crashes involving vehicles connected to Naval Air Station Corpus Christi or other federal agencies. Those claims generally require an administrative claim with the responsible agency within two years before you can file a lawsuit.
Medical Malpractice Deadlines
Health care liability claims in Texas also carry a two-year limitations period, but it is measured from the date of the negligent act or the completion of the related treatment rather than the date you discovered the harm. Texas also has a ten-year statute of repose, which generally bars these claims after ten years no matter when the injury was discovered. Children under 12 have until their 14th birthday to file. These cases also require an expert report early in the lawsuit, so preparation must begin well before the deadline.
Maritime and Offshore Injuries
Corpus Christi is home to one of the busiest ports in the country, and many local workers are injured on vessels, barges, and offshore platforms. Injury claims under the Jones Act and general maritime law generally carry a three-year statute of limitations. Because these cases involve federal law and unique rules, it is worth speaking with a Corpus Christi maritime attorney or reviewing how Jones Act claims work as soon as possible.
Exceptions That Can Pause or Extend the Deadline
Texas recognizes a few situations in which the statute of limitations is paused, which lawyers call tolling. These exceptions are narrow, and courts apply them strictly.
Injured Minors
When a child under 18 is injured, the two-year period generally does not begin until the child turns 18. That means the child typically has until age 20 to file a personal injury lawsuit. Parents, however, may have their own separate claims for the child’s medical expenses, and those claims do not receive the same extension.
Mental Incapacity
If the injured person is of unsound mind when the claim arises, the limitations period is generally paused until the incapacity ends.
The Discovery Rule
In limited circumstances, the clock begins when the injured person knew or reasonably should have known about the injury. Texas courts apply this rule only when the injury is inherently undiscoverable and objectively verifiable. It rarely applies to car wrecks and other accidents where the injury is obvious.
Defendant Leaves Texas
If the person responsible leaves the state after the accident, the time spent outside Texas may not count against the deadline in some situations. This exception has limits, particularly when the defendant can still be served through other means.
Texas Injury Deadlines at a Glance
Type of Claim | General Deadline | When the Clock Starts |
|---|---|---|
Personal injury (car, truck, premises, dog bite) | 2 years to file suit | Date of injury |
Wrongful death | 2 years to file suit | Date of death |
Medical malpractice | 2 years, with 10-year repose | Date of treatment or negligent act |
Claim against a Texas government entity | 6 months for written notice, sometimes shorter | Date of incident |
Claim against a federal agency | 2 years for administrative claim | Date of incident |
Jones Act and maritime injury | 3 years to file suit | Date of injury |
Injury to a minor | 2 years after turning 18 | Child’s 18th birthday |
Worried You Are Running Out of Time?
Even if your deadline seems far away, the evidence in your case is disappearing now. The Burkett Law Firm has handled more than 1,000 personal injury cases and recovered over $80 million for clients, including a $20,000,000 result in a commercial van wrongful death case. Call 361-738-5548 for a free consultation; evening appointments are available.
Why You Should Not Wait Until the Deadline
Two years is the outer limit, not a target. The strongest injury cases are built early, while skid marks, vehicle damage, witness memories, and camera footage still exist. Waiting also gives insurance adjusters more room to argue that your injuries came from something other than the accident, particularly if there are gaps in your care. That is why we encourage clients to understand why you should never skip medical treatment after a crash.
Early action also protects you from common mistakes. What you post online, what you say to an adjuster, and whether you accept a quick offer can all affect the value of your claim. Our articles on how insurance companies use social media and what a good settlement offer looks like explain how to avoid those pitfalls. If you were just in a wreck, our guide on what to do after a Corpus Christi auto accident walks through the first steps.
Frequently Asked Questions About the Texas Statute of Limitations
How long do I have to file a personal injury lawsuit in Texas?
Most personal injury lawsuits in Texas must be filed within two years of the injury date under Section 16.003 of the Texas Civil Practice and Remedies Code.
Does filing an insurance claim stop the statute of limitations?
No. Reporting the accident or negotiating with an insurance company does not pause the deadline. Only filing a lawsuit, and then serving the defendant with diligence protects your claim.
What happens if I miss the Texas statute of limitations?
The defendant can ask the court to dismiss your case, and the court will almost always do so. You will likely lose the right to recover compensation.
How long do I have to sue for wrongful death in Texas?
Wrongful death lawsuits generally must be filed within two years of the date of death, which may be later than the date of the accident.
Is the deadline different if a government vehicle hit me?
Yes. Claims against Texas government entities generally require written notice within six months, and some cities require notice even sooner.
Does the statute of limitations apply to minors?
The two-year period usually does not start until a child turns 18, giving the child until age 20 to file. Parents’ claims for the child’s medical bills follow the regular two-year deadline.
What Happens When You Call The Burkett Law Firm
When you call 361-738-5548, a member of our team will take down the basics of your accident and set up a free consultation with one of our attorneys, with evening appointments available. The attorney will ask when and where the injury happened, who was involved, what treatment you have received, and whether you have spoken with any insurance company. You will leave knowing which deadlines apply to your case, how much time you have, and what your next steps should be.
Related Resources
- Corpus Christi Personal Injury Lawyer
- Uninsured Driver Car Accidents
- 9 Tips on How to Prepare for a Consultation With a Personal Injury Attorney in Texas
- Case Results
Protect Your Right to Compensation Before Time Runs Out
The Burkett Law Firm has served injured people in Corpus Christi and the Coastal Bend since 1960. Attorney David Burkett is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and our firm has recovered over $80 million for clients across more than 1,000 cases. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Call 361-738-5548 or contact us online for a free consultation.
