How Long Do I Have to File an Injury Claim in Texas?

The deadline to file an injury lawsuit is the statute of limitations, and Texas enforces it as a hard cutoff. File one day late and the case is generally over, no matter how badly you were hurt or how obvious the other side's fault.

The Short Version

Most Texas injury claims: two years from the date of injury (§ 16.003).
Wrongful death: two years from the date of death, not the injury.
Government entities: notice deadlines can run a few months.
Injured minors generally get more time — the clock pauses during childhood.
Insurance deadlines are separate and usually far shorter than the court deadline.

The general rule: two years

Texas Civil Practice and Remedies Code § 16.003 requires suit for personal injury to be brought no later than two years after the cause of action accrues. For most cases that clock starts the day you were hurt.

This covers most of what we handle: car and truck crashes, slip and falls, workplace injuries, dog bites, and most other negligence claims.

Wrongful death runs from the date of death

When an injury results in death, the two-year period runs from the date of death rather than the date of the incident. Where someone survives for a period before passing, those are different dates — and getting it wrong is costly.

The exceptions that catch people out

Claims involving government entities

If your injury involves a city vehicle, a METRO bus, a county truck, a public hospital, or a hazard on government property, the two-year rule is not the deadline that will end your case. Texas requires formal written notice to the entity well before then — often within months, and some cities impose shorter windows through their own charters.

Miss the notice deadline and the claim can be barred even though you're comfortably inside two years. If a government entity is involved in any way, treat it as urgent.

Injured children

Texas generally pauses the limitations clock for minors. A child injured at eight doesn't lose the claim at ten. That said, a parent's own related claims may run normally, and waiting years badly damages the evidence even where the filing right survives.

Injuries that aren't immediately discoverable

In limited circumstances Texas applies a "discovery rule" that starts the clock when an injury reasonably should have been discovered. It's a narrow exception, applied case by case, and not something to count on without legal advice.

Your insurance deadlines are much shorter

Two years is the deadline to file in court. Your obligations under the insurance policies involved are separate and tighter. Policies commonly require "prompt" notice of a claim, and uninsured/underinsured motorist coverage carries its own notice and cooperation requirements that can be enforced strictly.

Practically: reporting a claim promptly and filing suit within two years are two different tasks, and doing one doesn't satisfy the other.

Why the real deadline is much earlier

Lawyers rarely want a case handed to them at month twenty-three. The reason is evidence, not preference:

Video is temporary. Business and traffic camera footage is frequently overwritten within days or weeks unless someone formally demands preservation.
Physical evidence disappears. Vehicles get repaired or scrapped, and a damaged vehicle is often the best proof of crash forces.
Witnesses scatter. Numbers change, people move, detail fades fast.
Medical gaps get exploited. Delay between injury and treatment is the argument insurers reach for most.

A case brought early can be built. A case brought at the deadline can often only be filed.

If you're close to the deadline

Call anyway. Being near the two-year mark makes a case harder, not impossible, and some deadlines run longer than people assume. The worst outcome is assuming the door has closed when it hasn't — and letting it actually close while you wonder.

Common Questions

What is the statute of limitations for personal injury in Texas?

Texas Civil Practice and Remedies Code § 16.003 generally requires personal injury suits to be filed within two years of the date the cause of action accrues — usually the date you were injured.

Is the deadline different for wrongful death claims in Texas?

The period is also two years, but it runs from the date of death rather than the date of the injury that caused it. Where someone survives for a time after an incident, those dates differ.

What if my injury involved a city bus or government vehicle?

Claims against government entities require formal written notice far sooner than two years — often within months, and some cities impose shorter deadlines by charter. Missing that notice can bar the claim entirely, so these need immediate attention.

Do children have the same filing deadline in Texas?

Texas generally pauses the limitations clock while an injured person is a minor, so a child does not lose the claim simply because two years passed during childhood. A parent's own related claims may still run normally.

This article provides general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — speak with a licensed attorney about your specific situation. Prior results do not guarantee a similar outcome.