In Texas, time is one of your most important assets after an accident. Wait too long to take legal action, and no matter how strong your case is, no matter how badly you were hurt, the law may bar you from recovery entirely. Here's everything you need to know about Texas's statute of limitations for personal injury cases.

The General Rule: 2 Years

Under Texas Civil Practice & Remedies Code §16.003, you have two years from the date of injury to file a personal injury lawsuit in Texas. This applies to car accidents, truck crashes, slip and falls, and most other negligence claims. Miss this deadline by even one day, and the defendant's attorney will file a motion to dismiss — and win.

The Wrongful Death Deadline

Wrongful death claims in Texas are also subject to a 2-year statute of limitations — but it runs from the date of death , not the date of the accident (if those dates differ). Tex. Civ. Prac. & Rem. Code §71.021.

Important Exceptions That Can Extend the Deadline

Minors: If the injured person is under 18 at the time of the accident, the 2-year clock generally doesn't start running until their 18th birthday — giving them until age 20 to file.

Discovery Rule: In limited circumstances where an injury was not and could not reasonably have been discovered at the time it occurred, the clock may start from the date of discovery instead.

Mental incapacity: If the injured party was legally incapacitated at the time of injury, the limitations period may be tolled.

Government entities: Claims against Texas government entities (TxDOT, city agencies, counties) require a formal notice of claim within 6 months of the incident under the Texas Tort Claims Act — much earlier than the standard deadline.

Why Waiting Is Always a Mistake

Even if you have time remaining, evidence degrades fast. Surveillance footage is overwritten. Witnesses forget or move. Black box data is overwritten. Medical records get harder to obtain. The strongest cases are built immediately. Waiting — even if legally within the window — costs you evidence and leverage.

Frequently Asked Questions

Q: What if I didn't realize I was injured until weeks after the accident?
A: Document your symptoms and see a doctor immediately. In most cases the 2-year clock still runs from the date of the accident, but the discovery rule may apply in exceptional circumstances. Call us immediately to protect your rights.

Q: Does the 2-year deadline apply to insurance claims too?
A: No — the statute of limitations applies to lawsuits. But insurance policies have their own claim reporting requirements, often much shorter. Report your claim to your insurer promptly and call an attorney immediately.

 Injured in Texas? Call Byron C. Bailey & Associates FREE: 214-891-7434| byronbaileylaw.com. No fee unless we win.