How Long Is the Statute of Limitations for Personal Injury Claims in Texas?

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. That means you generally have a two-year window to file a lawsuit after an incident like a car accident, slip and fall, or other incidents caused by someone else’s negligence. Once that deadline passes, Texas courts will almost certainly refuse to hear your case.

What the Two-Year Filing Deadline Covers

The two-year filing deadline under Texas Civil Practice and Remedies Code § 16.003 applies to a wide range of personal injury cases across Texas. If you were harmed due to another party’s negligence, the clock typically starts on the date of the accident or incident:

• Car accidents
• Truck accidents
• Motorcycle collisions
• Pedestrian accidents
• Slip and fall injuries
• Dog bites
• Workplace injuries
• Premises liability incidents
• Defective products

Missing the two-year deadline does not just weaken your case. It eliminates your right to seek compensation through the courts entirely.

Exceptions to the Statute of Limitations in Texas

While the two-year rule applies in most situations, Texas law recognizes certain exceptions that can extend or shorten the filing deadline. The specifics depend on who was injured, when the injury was discovered, and who caused the harm.

Minors

When a child under 18 is injured, the statute of limitations is typically paused, or “tolled,” until the child turns 18. At that point, the two-year clock begins, giving the individual until their 20th birthday to file a personal injury lawsuit. Parents or legal guardians may also file on the child’s behalf before that time.

The Discovery Rule

In some cases, an injury is not immediately apparent at the time it occurs. Under the discovery rule, the statute of limitations may begin on the date you knew or reasonably should have known about the injury, rather than the date of the original incident.

Government Liability Cases

When a government agency or public employee is responsible for causing an injury, special procedural rules apply. Under the Texas Tort Claims Act, injured parties are generally required to provide formal notice of their claim within six months of the incident, a much shorter deadline than the standard two-year statute of limitations.

Legally Incapacitated People

If the injured person is mentally incapacitated at the time of the accident, Texas law may toll the statute of limitations until the incapacity is resolved. Once the individual regains legal capacity, the standard two-year filing period begins.

Defendant Out of State

If the individual responsible for your injury leaves Texas after the incident, the time they remain outside the state may not be counted toward the statute of limitations. Under the Texas Civil Practice and Remedies Code § 16.063, the filing deadline can be paused while the defendant is absent, helping preserve your ability to bring a claim once they return or can otherwise be served.

Wrongful Death Statute of Limitations in Texas

The statute of limitations for wrongful death claims also carries a two-year deadline, beginning on the date of the deceased person’s death. Surviving spouses, children, and parents are eligible to file. If no family member files within three months, the executor or administrator of the estate may bring the claim on behalf of the family.

Products Liability Statute of Limitations in Texas

Claims involving defective products follow the same two-year filing deadline from the date of injury. However, Texas also imposes a 15-year statute of repose for most product liability cases, meaning you generally cannot file a claim if more than 15 years have passed since the product was first sold, regardless of when your injury occurred.

Protecting Your Rights to Compensation

Taking certain steps early on can help preserve your ability to seek compensation if you decide to file a claim. Even before you speak with anyone about your legal options, the following actions protect your interests:

• Seek medical attention immediately after the injury
• Document the scene with photos and videos
• Keep all medical records and bills organized
• Write down what happened while the details are fresh
• Avoid posting about the incident on social media
• Do not sign anything from an insurance company without fully reading it
• Track lost wages and out-of-pocket expenses

Building a clear record from the start puts you in a stronger position if you choose to pursue a personal injury claim later. The closer you are to the filing deadline, the harder it becomes to gather the information needed to support your case.

Have You Been Injured? Contact Our San Antonio Personal Injury Attorneys

Deadlines do not wait, and once the statute of limitations expires, your opportunity to seek compensation closes permanently. Gamez Law Firm is ready to take action on your behalf and protect the future of your claim. Call us at (210) 736-4040 or contact us online to schedule a free consultation with our San Antonio personal injury lawyers, who can assess your situation, identify the at-fault parties, and help you move forward before time runs out.

We serve all areas in San Antonio and throughout Texas.

Gamez Law Firm

2943 Mossrock, San Antonio, TX 78230

(210) 736-4040

Open 24 hours

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