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

Time matters in personal injury cases — a lot. Texas law sets strict deadlines for when you can file a lawsuit after being hurt in an accident. Miss that deadline by even a day, and a court can dismiss your case permanently, no matter how clearly the other party was at fault. Here's what Texas's statute of limitations means for your claim.

⏰ The bottom line: In most Texas personal injury cases, you have 2 years from the date of the injury to file a lawsuit. Wait too long and your claim disappears — no matter how strong it is.

What is a statute of limitations?

A statute of limitations is a deadline created by law for filing a lawsuit. Once it expires, courts will refuse to hear the case, regardless of its merits. These deadlines exist so that evidence stays fresh and witnesses can still be found. For you, the practical implication is simple: there's a clock, and it's already running.

The 2-year rule for Texas personal injury claims

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits — including car accidents, truck accidents, motorcycle crashes, pedestrian collisions, slip and falls, and product liability — must be filed within two years of the date of the accident. The clock starts on the day you were injured, not the day you filed an insurance claim or the day the other driver's insurer denied you.

📅 Deadlines at a Glance

• Car, truck, motorcycle, pedestrian accidents: 2 years from the date of the crash

• Slip and fall / premises liability: 2 years from the date of the fall

• Wrongful death: 2 years from the date of death (which may differ from the date of injury)

• Medical malpractice: 2 years, with a special 10-year “statute of repose” as the outer limit

• Product liability: 2 years from date of injury, plus a 15-year outer limit on the product itself

• Claims against Texas state or local government: Written notice required in as few as 6 months — or even 90 days in some cities

Are there exceptions that pause the clock?

Yes. Texas recognizes a few “tolling” doctrines that can pause or delay the start of the limitations period:

• Minors. If the injured person was under 18 at the time of the accident, the 2-year clock generally doesn't start until they turn 18.

• Mental incapacity. If the injured person was mentally incapacitated at the time, the clock can be paused.

• Discovery rule. In limited cases (often medical malpractice or latent injuries), the clock may not start until you reasonably discover the injury.

• Fraudulent concealment. If a defendant actively hid their wrongdoing, the clock can be paused.

These are narrow exceptions. Assume the 2-year clock applies and move accordingly — then let your attorney determine if a tolling argument helps your case.

What if a government vehicle or worker caused my accident?

Claims against government entities follow much shorter deadlines under the Texas Tort Claims Act. In many Texas cities, written notice is required within 6 months — and some cities, including Houston, require notice within 90 days. Miss that deadline and your claim is effectively dead on arrival, long before the 2-year lawsuit deadline.

⚠️ Warning: If your accident involved a government vehicle, a city bus, METRO bus, police car, or happened on public property — call an attorney within days, not weeks.

Why you shouldn't wait the full 2 years

Even though the law gives you 2 years, waiting that long almost always hurts your case:

• Surveillance video gets overwritten (often within 30–60 days)

• Witnesses move, forget details, or become hard to find

• Vehicle “black box” data can be erased

• Treatment gaps in your medical records become harder to explain

• Settlement negotiations take months — you don't want a lawsuit rush at month 23

Most strong cases are filed within a few months of the accident so attorneys have time to build them properly.

Injured in Houston? Don't wait.

If you or a loved one has been hurt in an accident, the most expensive mistake you can make is assuming “I have time.” The Law Office of Jason Castaneda handles personal injury cases throughout Houston, Harris County, and across Texas — and the first consultation is always free.

📞 Call (713) 808-9696 today to discuss your case and your deadlines.

This article is general legal information, not legal advice. Statutes of limitations are complex and case-specific — consult a licensed Texas attorney about your situation. Reading this article does not create an attorney-client relationship.