Texas Personal Injury Statute of Limitations
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.
Don't wait for the last day. Weekends, court holidays, and exceptions can change the exact date.
Texas's main injury deadlines
| Situation | Deadline | Law |
|---|---|---|
| Personal injury lawsuit (car wreck, fall, dog bite) | 2 years from accrual | CPRC §16.003(a) |
| Wrongful death lawsuit | 2 years from the death | CPRC §16.003(b) |
| Notice to a government unit | 6 months from the incident | CPRC §101.101(a) |
| Notice to a city with its own charter rule | Can be shorter than 6 months | CPRC §101.101(b) |
| Injured person was under 18 | Time under 18 doesn't count | CPRC §16.001 |
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.
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
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.