Texas Personal Injury Statute of Limitations

In Texas, the deadline for filing most personal injury lawsuits is two years from the date the injury occurred. Miss this deadline and your case is dismissed — permanently — regardless of how strong your evidence is. The two-year statute is found in Texas Civil Practice & Remedies Code Section 16.003 and applies to claims for personal injury, wrongful death, products liability, and most negligence-based actions. There are critical exceptions and tolling rules, however, that can extend the deadline in specific circumstances. A Texas personal injury lawyer at McFarlane Law makes sure no deadline is missed in your case.

The General Two-Year Rule

Most Texas personal injury claims must be filed in court within two years of the date the cause of action accrued. For motor vehicle accidents, that is the date of the crash. For premises liability, the date of the fall. For most workplace third-party claims, the date of the injury. The deadline is calendar-based and absolute — courts cannot grant extensions for sympathetic reasons. To preserve a claim, the lawyer must actually file a lawsuit (not merely send a demand letter or open negotiations) before the two-year date passes. The statute is the same for adult plaintiffs regardless of injury severity. Note that wrongful death claims have their own two-year limit running from the date of death (which may be different from the date of injury).

Discovery Rule and Tolling Exceptions

In some cases, Texas courts apply the “discovery rule,” which delays the start of the two-year period until the plaintiff knew or should have known of the injury and its likely cause. This rule typically applies in cases of latent injuries — toxic exposure, undiagnosed medical conditions, or fraudulent concealment — but Texas appellate courts have narrowed its application over the past two decades. Other tolling exceptions include minority (the statute does not run while the plaintiff is under 18), legal incapacity (such as being in a coma or judicially declared incompetent), and fraudulent concealment (when the defendant actively hides the wrong). These exceptions are technical, fact-intensive, and often disputed; do not rely on them without consulting a lawyer immediately.

Special Deadlines for Specific Case Types

Several specific case types have shorter or different deadlines. Claims against Texas governmental units typically require a notice of claim within six months under the Texas Tort Claims Act, plus the two-year statute of limitations. Medical malpractice claims have a two-year limit but with detailed pre-suit notice and expert report requirements (Chapter 74). Federal Tort Claims Act claims against the United States (e.g., VA hospital claims) have a two-year administrative claim deadline. Some maritime claims under the Jones Act and general maritime law have a three-year limit. Employer non-subscriber claims under Texas Labor Code Chapter 406 have specific procedural requirements. McFarlane Law tracks every applicable deadline at intake.

Why You Should Hire a Lawyer Long Before the Deadline

Two years sounds like a long time — but it is not. Building a strong personal injury case requires gathering medical records, identifying defendants, retaining experts, taking depositions, exchanging discovery, and preparing for trial. Insurance companies routinely drag negotiations toward the deadline so that the plaintiff feels pressure to accept a lowball offer or sue at the last minute. Cases filed in the last weeks before the deadline often have weaker evidence preservation and worse settlement leverage than cases filed earlier. McFarlane Law’s rule of thumb: hire a lawyer within weeks, not months, of any serious injury. Free consultations; no fee unless we win.

Related Practice Areas

Related: types of personal injury cases Texas, comparative fault Texas, dealing with insurance, wrongful death statute. Hub: Texas personal injury lawyer.

Talk to a Texas Injury Lawyer Today

Don’t wait. The clock starts the moment you are injured, and missing the deadline ends your case. Call McFarlane Law for a free consultation. Austin (512) 222-4900, Odessa (432) 803-5000.