Personal Injury Statute of Limitations in Texas
Last verified 2026-07 · Source: Tex. Civ. Prac. & Rem. Code § 16.003(a) ✓ verified · 3 sources
The deadline
2 years
from Date of injury (occurrence rule); discovery rule available but rarely applied by Texas courts, under Tex. Civ. Prac. & Rem. Code § 16.003(a).
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Under Tex. Civ. Prac. & Rem. Code § 16.003(a), you have 2 years from Date of injury (occurrence rule); discovery rule available but rarely applied by Texas courts to file a personal injury lawsuit in Texas. Miss it and you lose the right to sue — but several Texas-specific exceptions can extend (or shorten) that window, detailed below.
Texas Deadlines for Related Claims
When the Clock Starts
In Texas, the limitations period for personal injury lawsuits generally begins on Date of injury (occurrence rule); discovery rule available but rarely applied by Texas courts. Texas recognizes a discovery rule for this claim type: Texas recognizes the discovery rule as a narrow exception; the Texas Supreme Court has cautioned that it should be used sparingly, requiring the injury to be inherently undiscoverable and objectively verifiable; a statute of repose may still limit recovery even when discovery rule applies
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Texas Tort Claims Act requires written notice of claim within 6 months of incident (Tex. Civ. Prac. & Rem. Code § 101.101); failure to provide notice is generally a jurisdictional bar; government liability capped at $250,000 per person / $500,000 per occurrence
- Damage caps: No cap on noneconomic damages against private defendants for general PI; government defendants capped at $250,000 per person / $500,000 per occurrence; punitive damages capped at greater of $200,000 or 2x economic damages plus $750,000 of noneconomic damages
Modified comparative fault (51% bar) — plaintiff barred if 51% or more at fault. § 16.003(a) applies broadly to personal injury including slip-and-fall, dog bite, assault, and premises liability. Minor tolling under § 16.001: clock does not run while plaintiff is a minor or of unsound mind.
Source: Tex. Civ. Prac. & Rem. Code § 16.003(a), official Texas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Texas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Texas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| New Mexico | 3 yrs | N.M. Stat. Ann. § 37-1-8 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105(3) |
| Louisiana | 2 yrs | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Texas?
You have 2 years from Date of injury (occurrence rule); discovery rule available but rarely applied by Texas courts, under Tex. Civ. Prac. & Rem. Code § 16.003(a).
Can I still sue after 2 years in Texas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Texas?
Yes. Texas recognizes the discovery rule as a narrow exception; the Texas Supreme Court has cautioned that it should be used sparingly, requiring the injury to be inherently undiscoverable and objectively verifiable; a statute of repose may still limit recovery even when discovery rule applies
What if the victim was a minor?
Texas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Texas Tort Claims Act requires written notice of claim within 6 months of incident (Tex. Civ. Prac. & Rem. Code § 101.101); failure to provide notice is generally a jurisdictional bar; government liability capped at $250,000 per person / $500,000 per occurrence
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Sources
- Official Tex. Civ. Prac. & Rem. Code Ch. 16 — Limitations (Texas Legislature)
- Corroborating Texas Personal Injury Statute of Limitations — Nolo
- Corroborating Texas Civil Statute of Limitations Laws — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Texas attorney.