Texas Personal Injury Statute of Limitations

By Ray Tolu Last verified October 12, 2026 Civil Practice and Remedies Code §§16.001, 16.003, 101.101

Quick answer: Texas gives you 2 years to file a personal injury lawsuit, counted from the day the claim accrues, which for most accidents is the day you were hurt (Civil Practice and Remedies Code §16.003). Wrongful death claims also have 2 years, counted from the date of death.

If a government unit is involved, it must receive written notice of your claim within 6 months of the incident, and some city charters require notice even sooner.

Advertisement

Find your filing deadline

Was the injured person under 18?
Last day to file
–

Don't wait for the last day. Weekends, court holidays, and exceptions can change the exact date.

Texas's main injury deadlines

SituationDeadlineLaw
Personal injury lawsuit (car wreck, fall, dog bite)2 years from accrualCPRC §16.003(a)
Wrongful death lawsuit2 years from the deathCPRC §16.003(b)
Notice to a government unit6 months from the incidentCPRC §101.101(a)
Notice to a city with its own charter ruleCan be shorter than 6 monthsCPRC §101.101(b)
Injured person was under 18Time under 18 doesn't countCPRC §16.001
Source: Texas Civil Practice and Remedies Code.

Claims against Texas government units

The Texas Tort Claims Act lets you sue a government unit in limited situations, but the unit has to get notice first. Section 101.101 requires notice no later than six months after the incident. The notice has to describe the injury or damage, when and where it happened, and what happened.

Two details trip people up:

  • Cities can set shorter periods. The statute ratifies city charter and ordinance notice periods. Check the charter of the city involved.
  • Actual notice can count. The written notice rule doesn't apply if the government unit already knew of the death, the injury, or the property damage. Proving that is harder than sending notice on time.
Advertisement

Children and people of unsound mind

Under §16.001, a person younger than 18, or of unsound mind, has a "legal disability." If the disability exists when the claim accrues, that time isn't counted. A child hurt at 15 generally has until age 20. A disability that starts after the clock is already running doesn't stop it.

Common questions

How long do I have to sue after a car accident in Texas?

Two years for injuries under §16.003. If the other driver was a government employee on the job, send notice to the government unit within six months.

Is the deadline for a workers' comp claim the same?

No. For a job injury you have 30 days to notify your employer and one year to file a claim with the Division of Workers' Compensation. See the Texas workers' comp calculator.

What does "accrues" mean?

It's the point when the law treats the claim as starting. For most accidents, that's the day of the injury. For wrongful death, §16.003(b) says it's the day the person died.

Sources

Ray Tolu builds the tools on InjuryByState and checks every number and deadline against the law or agency that sets it. He is not a lawyer. Read how we check our information in the editorial policy.

This tool estimates general filing deadlines under Texas law. It is not legal advice. Exceptions can shorten or extend your deadline. If your date is close, talk to a Texas attorney right away.