How Long Do You Have to File a Personal Injury Lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of the injury to file a personal injury lawsuit. Two years sounds like a lot. It is not. By the time you finish your medical treatment, exchange information with the insurance company, hire a lawyer, send demand letters, attempt to negotiate a settlement, and finally decide to file suit because the offer is unreasonable, two years has often passed. Then your case is dead.

When the clock starts

In most cases, the clock starts on the date of the accident. If you were rear-ended on January 5, 2025, you have until January 5, 2027 to file. The exact timing matters — courts dismiss cases filed even one day late.

Exceptions that shorten the deadline

Claims against governmental entities

If your accident involved a city bus, a VIA driver, a state-employed worker, or any government vehicle, you have to file a NOTICE of claim within 6 months under the Texas Tort Claims Act — and the city of San Antonio requires notice within 90 days. Miss that notice deadline and your case is barred entirely, even if you would otherwise have two years.

Wrongful death and survival actions

For a death claim, the two-year clock generally starts from the date of death, not the date of the original injury. There are nuances about who can sue and when — call us for specifics.

Medical malpractice

Most medical malpractice cases must be filed within 2 years of the negligent act, with a 10-year statute of repose that can cut off claims even if the injury is undiscovered. Procedural rules also require an expert report within 120 days of filing — miss it, dismissed.

Exceptions that extend the deadline

Minors

If the injured person is under 18, the statute is generally tolled (paused) until they turn 18. After their 18th birthday, the two-year clock starts. So a 12-year-old hurt today has until age 20 to file. But evidence preservation does not pause — start the case file now.

Discovery rule

For injuries that could not reasonably have been discovered at the time of the accident — a slow-developing internal injury, for example — Texas may toll the clock until the injury becomes apparent. This is rarely successful and not something to rely on.

Why deadlines feel surprising

People assume that as long as their case is being negotiated with the insurance company, they are safe. They are not. Insurance companies have no obligation to settle within the limitations period. In fact, some adjusters will deliberately drag out negotiations as the deadline approaches, hoping the case will simply die. The only thing that stops the clock is filing a lawsuit.

What to do

• Write down the date of your accident.
• Add 22 months. That is your "must call a lawyer" deadline.
• Add 24 months. That is your absolute last day.
• Better: call now. Let your lawyer track the deadline.

Bottom line

Two years passes faster than you think when you are juggling medical appointments, work, family, and an insurance company that is not negotiating in good faith. The single most preventable way a personal injury case dies is by missing the statute of limitations. If you have any uncertainty about your timeline, call (210) 823-0047 today. Free consultation. We will tell you exactly where you stand.