Texas injury deadlines
How long do you have to bring an injury claim in Texas?
Texas has a general two-year limitations period for many personal-injury suits, but the correct deadline can be earlier, later, or controlled by a different rule.
The general Texas rule
Texas Civil Practice and Remedies Code Section 16.003 generally states that a personal-injury suit must be brought no later than two years after the claim accrues. It also gives a two-year period for an action involving an injury that results in death, measured from the death. This general rule does not calculate the deadline for a specific person.
Why the deadline can be different
The type of defendant, claim, injury, and person can change the analysis. For example:
- Section 101.101 contains a notice rule for claims under the Texas Tort Claims Act and recognizes some city-charter notice provisions.
- Section 74.251 contains separate timing rules for health care liability claims.
- Section 16.001 addresses specified legal disabilities, but it does not apply in the same way to every claim.
Other laws can control product claims, government claims, federal claims, claims involving other states, contracts, insurance notices, and administrative processes. The date on which a claim accrues can also be disputed.
Do not wait for the apparent last day
Evidence can disappear and notice duties can arise before a lawsuit deadline. A lawyer needs time to identify the parties, check conflicts, investigate the facts, review jurisdiction, and decide whether any notice or filing is required.
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