Most personal injury claims in Texas have to be filed within two years, starting at the date of the accident, but that simple answer changes considerably depending on what kind of claim you're dealing with. Medical malpractice, product liability, claims against the government, and cases involving child injuries all follow their own rules, and missing the wrong one can end a valid claim before it ever gets started.
The Two-Year Rule That Applies to Most Injury Claims
Under Texas Civil Practice and Remedies Code § 16.003, most personal injury claims must be filed within two years from the date of the injury. This is the deadline that applies to the vast majority of cases, including car accidents, slip and falls, dog bites, and most other everyday accidents caused by someone else's negligence. The clock generally starts running on the date the injury occurred or the date you reasonably should have understood that you were injured.
Wrongful Death Claims Follow Their Own Two-Year Clock
Wrongful death claims are also subject to a two-year statute of limitations, but the clock works a little differently. Instead of starting on the date of the underlying accident, it starts on the date of the person's death. In cases where someone survives an injury for months or years before passing away, this distinction can meaningfully change the filing deadline.
Medical Malpractice Claims Come with a Layer of Complexity
Medical malpractice claims in Texas are governed by their own statute, and it's more complicated than the standard rule.
Under Texas Civil Practice and Remedies Code § 74.251, a few things are true at once:
- The standard deadline is still two years, generally running from the date of the negligent act or the end of the relevant treatment.
- A separate 10-year statute of repose applies on top of that, permanently barring claims filed more than 10 years after the negligent act, regardless of when the harm was discovered.
- Children younger than 12 at the time of the malpractice generally have until their 14th birthday to file, though the 10-year repose period still applies.
- Texas law also requires specific pre-suit notice and an expert report early in the case, adding procedural steps that don't exist in a typical injury claim.
Product Liability Claims Carry a 15-Year Outer Limit
If a defective product caused your injury, the standard two-year clock still applies, but Texas law also imposes a 15-year statute of repose under Civil Practice and Remedies Code § 16.012. This means that, with limited exceptions, a product liability lawsuit generally can't be filed more than 15 years after the product was first sold, even if the injury itself happened well within the normal two-year window.
Claims Against the Government Follow a Much Shorter Notice Deadline
If your injury involved a government entity, such as a city vehicle, a public bus, or a dangerous condition on government-owned property, the two-year statute of limitations might not apply. Under the Texas Tort Claims Act, you're generally required to give the government formal written notice of your claim within six months (180 days) of the incident, and many Texas cities shorten that window even further through their own charters.
Children Are Given More Time to File
Outside of the medical malpractice context, Texas law generally pauses, or "tolls," the statute of limitations for injury claims involving a minor. Under Civil Practice and Remedies Code § 16.001, the clock doesn't start running until the child turns 18, which means most injured children have until their 20th birthday to file a claim on their own behalf.
Have Questions About Statutes of Limitations? Call Now.
If you're not sure which statute of limitations applies to your situation, or whether more than one might apply at once, Hilliard Law in Texas can help you sort through it. Our attorneys have been representing personal injury clients in all sorts of types of claims for decades, so you can be sure that we’ll know which deadline you have to follow. Put us in charge of your case, and we can get it moving and take the appropriate steps before you run out of time.
Call us at (866) 927-3420 or contact us online, and we'll help you understand the statute of limitations that apply to your personal injury case.