The general statute of limitations for filing personal injury claims in Texas is two years. Texas Civil Practice and Remedies Code § 16.003 establishes a two-year time limit for filing an injury claim, including those related to car accidents, slips and falls, and product liability. There are some exceptions where the deadline may be shorter or extended.
The experienced Houston personal injury lawyers at Haun Mena explain the Texas statute of limitations for personal injury.
What Is a Statute of Limitations and Why Does It Matter?
A statute of limitations is a deadline to start a legal claim. If a person is going to file a lawsuit, they must start it before the time limit runs out.
The statute of limitations is an arbitrary time limit set by law. It’s the same for everyone, regardless of circumstances, unless an exception applies.
Why it matters
The statute of limitations for personal injury in Texas matters because it can prevent you from receiving the compensation that you deserve. Even if you have a strong case, the statute of limitations can stop you from winning it.
Why it exists
There is a statute of limitations in Texas for personal injury to make the legal process fair. It helps the parties litigate the case when evidence is most available and before memories fade. Plus, it provides finality and closure regarding the events leading to the personal injury.
How to comply with the statute of limitations
Reporting the accident to the insurance company doesn’t count as filing the claim, nor do insurance company negotiations. To comply with the statute of limitations, you must file a summons and complaint in the court with jurisdiction. Or, if it’s a claim against a government entity, you must submit a notice of claim.
The Standard Time Limit for Personal Injury Claims in Texas
The standard time limit for Texas personal injury is two years. The law says:
“[A] person must bring suit for trespass for injury … not later than two years after the day the cause of action accrues.” Texas Civ. Prac. And Remedies Code §16.003.
How it works
For example, you’re in a car accident on September 1, 2025, and you’re not at fault. You’re treated the same day for a broken wrist and a concussion. You have until September 1, 2027, to file a lawsuit against the other party’s insurance company.
Other Exceptions to the Texas Personal Injury Statute of Limitations
Minors, children
When the victim is a minor, the two-year Texas personal injury statute of limitations doesn’t start running until they turn 18. So a minor has until age 20, or two years after reaching majority, to file a claim.
Legal disability
If the victim is under a mental disability (the legal term is “of unsound mind”), the period of disability doesn’t count toward the statute of limitations. But a person may not stack periods of disability to extend the limitations period. To qualify for an extension, the disability must exist at the time of injury.
Wrongful death
The wrongful death statute of limitations in Texas is two years, but the two years start from the date of death and not the date of injury.
First-party auto insurance claims
A claim against your own insurance company is a breach of contract claim. The statute of limitations for breach of contract is four years. Examples are uninsured, underinsured, and personal injury protection (PIP) claims.
Discovery rule
Sometimes, you don’t recognize an injury right away. If the discovery rule applies, the statute of limitations doesn’t run until the injury is discovered or should have been discovered with reasonable diligence.
Medical malpractice
The Texas two-year statute of limitations applies to medical malpractice claims. Minors under 12 have until their 14th birthday to file. A 10-year statute of repose, or final deadline, applies to all medical malpractice claims.
Product liability
Texas product liability claims are subject to the two-year statute of limitations and a 15-year statute of repose.
The defendant is out of state
The defendant’s temporary absence from Texas may pause the statute of limitations for personal injury.
This applies to permanent absence and not simply vacations and short trips. However, there is a procedure for out-of-state service, and it may be possible to proceed immediately.
Maritime claims
Federal law creates a three-year statute of limitations for maritime tort claims (§ 30106).
Sex crimes
The statute of limitations for sex crimes is five years from the offense for adult victims. If the victim is a minor, the statute of limitations is 30 years from the date of majority.
How the Statute of Limitations Affects Insurance Negotiation
The time limit continues to run during insurance negotiations. Even if you think settlement talks are productive, the statute of limitations is not affected. If the settlement is not final by the deadline, you must file your case to continue.
What Happens If You Miss the Statute of Limitations Deadline?
If you miss the statute of limitations deadline, the insurance company can—and most likely will—ask the court to dismiss the case. The court will only review whether the deadline has passed and will not consider the merits of the case. Even if your case is very strong, the court can dismiss the case for a statute of limitations violation.
By filing a court motion, the defense can ask the court to review whether the deadline has passed. If the court agrees, the court will dismiss the case.
Contact an Experienced Houston Personal Injury Lawyer
The Texas personal injury statute of limitations can affect your case. You can have the help of an experienced Houston personal injury lawyer.
A lawyer can evaluate the statute of limitations that applies to your case and can work quickly to meet deadlines. Contact our experienced attorneys at Haun Mena today.
