Texas personal injury statute of limitations
In most Texas personal injury cases, a lawsuit must be filed no later than two years after the day the claim "accrues" (Tex. Civ. Prac. & Rem. Code §16.003). Deadlines differ for minors, medical claims and claims against government bodies.
General information about Texas law, not legal advice. The author is not a lawyer. Laws change; check the linked sources and talk to a Texas lawyer about your situation.
What the statute says
Section 16.003(a) of the Civil Practice and Remedies Code says a person must bring suit for personal injury, and for injury to another person's property, "not later than two years after the day the cause of action accrues." The section itself lists exceptions in Sections 16.010, 16.0031 and 16.0045, so the two-year rule is the default rather than the only rule.
For a death, Section 16.003(b) also sets two years, and says the claim accrues "on the death of the injured person," not on the date of the accident (§16.003(b)).
Texas statute of limitations for a minor
Section 16.001 treats a person younger than 18 as being "under a legal disability." If the person is under a disability when the claim accrues, "the time of the disability is not included in a limitations period" (§16.001). In plain terms, the two-year clock generally does not run while the injured person is a minor. The same section covers a person "of unsound mind."
Two limits are written into the same section: disabilities cannot be "tacked" together, and a disability that starts after the period begins does not pause it.
Medical claims have their own rule
Health care liability claims fall under Chapter 74, not Section 16.003. Section 74.251 sets two years from the breach or the end of the treatment or hospitalization, and gives children under 12 until their 14th birthday. It also sets an outer limit of 10 years from the act or omission (§74.251). Before filing, the claimant must give written notice at least 60 days ahead (§74.051).
Claims against a city, county or the state
Under the Texas Tort Claims Act, a governmental unit is entitled to notice of a claim within six months of the incident, describing the injury, the time and place, and the incident (§101.101(a)). The same section approves city charter notice periods "permitted by law," so a city's own charter can matter (§101.101(b)). The notice rule does not apply where the government already has actual notice of the death, injury or damage (§101.101(c)).
Car accidents, dog bites and slip-and-fall claims
The statute does not set separate deadlines for car accidents, dog bites or falls on someone's property. They are personal injury claims, so Section 16.003's two-year default is the starting point, subject to the exceptions above. Property damage to a vehicle is also listed in Section 16.003(a).
Whether an exception applies in a specific case is a legal question. A Texas lawyer can answer it; this page cannot.
Frequently asked questions
How long do you have to file a personal injury lawsuit in Texas?
For most personal injury claims, Texas Civil Practice and Remedies Code Section 16.003 sets two years from the day the claim accrues. The statute lists exceptions, and other chapters set different rules for some claims.
Does the two-year deadline run while the injured person is a minor?
Section 16.001 says the time a person is younger than 18 is not counted in a limitations period if the person was a minor when the claim accrued. Medical claims follow Chapter 74 instead, which gives children under 12 until their 14th birthday.
When does the wrongful death deadline start?
Section 16.003(b) says a claim for injury resulting in death accrues on the death of the injured person, and suit must be brought within two years after that day.
Sources
- Tex. Civ. Prac. & Rem. Code ch. 16 (§§16.001, 16.003) (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code ch. 74 (§§74.051, 74.251) (checked October 18, 2026)
- Tex. Civ. Prac. & Rem. Code ch. 101 (§101.101) (checked October 18, 2026)