How long do you have to file a personal injury claim in Texas?

If you were hurt in Texas because of someone else’s carelessness, there is a legal deadline to file your case, called the statute of limitations. For most personal injury claims in Texas, it is two years. Miss it, and the court can throw out your case no matter how strong it was. This article explains how the Texas personal injury deadline works and the exceptions that can shorten or extend it.

Quick answer: most Texas personal injury lawsuits must be filed within two years of the injury. Claims against the government can require written notice within six months or less.

What is the statute of limitations for personal injury in Texas?

The Texas statute of limitations for most personal injury claims is two years from the date of the injury. That covers car accidents, 18-wheeler crashes, rideshare accidents and most other negligence cases. The deadline is for filing a lawsuit, not for opening an insurance claim, which should happen much sooner.

Which Texas deadlines apply to my situation?

Type of claim	General deadline
Most personal injury claims (car, truck, rideshare)	2 years from the date of injury
Wrongful death	2 years from the date of death
Property damage to your vehicle	2 years from the date of damage
Injured child	The clock generally pauses until the child turns 18
Claim against a city, county or state agency	Written notice usually within 6 months, sometimes sooner

Every case has its own facts, and there are exceptions. Treat this table as a starting point, not a guarantee.

When does the two-year clock start?

In most injury cases, the clock starts on the day you were hurt, usually the day of the crash. In rare situations where an injury could not reasonably have been discovered right away, the start date can be later. Do not count on an exception. Assume the clock started the day of the accident.

What happens if you miss the deadline?

If a lawsuit is filed after the deadline, the other side will ask the court to dismiss it, and the court will almost always agree. Insurance companies know the deadline too. An adjuster who drags out negotiations until the deadline passes has no reason left to offer a fair settlement.

Why shouldn’t you wait until the deadline is close?

Even with two years on paper, waiting hurts your case. Witnesses forget details, surveillance and dash camera video gets overwritten, and trucking companies are only required to keep some records for limited periods. Medical treatment gaps also make it harder to prove your injuries came from the crash. See what to do after a car accident in San Antonio for the first steps.

What about wrongful death claims?

When a family member dies because of someone else’s negligence, Texas allows the surviving spouse, children and parents to bring a wrongful death claim, generally within two years of the date of death. Learn more about wrongful death cases.

How Bergmann Law Firm helps you meet the deadline

Ryan Bergmann reviews your dates on the free consultation and tells you plainly how much time you have. Once you hire the firm, the case manager tracks every deadline, gathers records, and handles the insurance company while you recover. Read about the firm’s personal injury practice or call for a free consultation.