Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Texas, most personal injury claims must be filed within two years of the date the injury occurs. This time limit is known as the statute of limitations. See Tex. Civ. Prac. & Rem. Code § 16.003.
When does the clock start? Your claim generally accrues on the date you suffer the injury or damage. For example, if you are injured in a car accident on March 1, 2022, you must file your lawsuit by March 1, 2024.
Exceptions and tolling:
- Minors and incapacitated persons: Under § 16.001, the limitations period is suspended (tolled) while the claimant is under 18 or lacks legal capacity. Once the minor turns 18 or regains capacity, the two-year clock runs.
- Discovery rule: In certain cases, if you cannot discover the injury right away (for example, a latent disease), the statute of limitations may begin when you knew or should have known about the injury. Texas courts apply this narrowly—most negligence claims accrue on the accident date.
- Governmental entities: Claims against a city, county or state agency require a written notice within six months of the injury under the Texas Tort Claims Act. Missing this deadline can bar your lawsuit.
If you miss the deadline, a court will almost certainly dismiss your case, even if your claim has merit. Always confirm the exact accrual date and any special rules that might apply.
Helpful Hints
- Note the date of injury immediately to track your deadline.
- Consult an attorney well before the two-year mark to prepare and file on time.
- Preserve evidence: photographs, medical records, witness statements and accident reports.
- If the injury surfaces later, ask your attorney whether the discovery rule applies.
- For claims against government entities, send the required notice within six months and follow strict formatting rules.
- Keep copies of all documents and filing receipts.
- Review Texas Civil Practice & Remedies Code Chapters 16 and 101 for detailed provisions.