How Long Do I Have to File a Personal Injury Claim in Texas?

If you’ve been injured in an accident caused by someone else’s negligence, you might be wondering how long you have to file a claim. Understanding the deadline for filing a lawsuit is critical because missing it can prevent you from recovering compensation for medical expenses, lost wages, pain and suffering, and other damages.

The General Rule: Two Years

In Texas, the statute of limitations for most personal injury lawsuits is two years from the date the cause of action accrues. This deadline is established by Texas Civil Practice and Remedies Code § 16.003(a), which provides that a person must bring a suit for personal injury no later than two years after the day the cause of action accrues.

In many personal injury cases, the cause of action accrues on the date the accident occurs. For example, if you are injured in a motor vehicle collision on June 1, 2026, you generally have until June 1, 2028, to file a lawsuit.

Why Filing Early Matters

Although two years may seem like plenty of time, waiting can seriously weaken your case. Important evidence may be lost, surveillance footage may be erased, accident scenes can change, and witnesses’ memories often fade over time. Additionally, your attorney will need time to investigate the accident, gather medical records, consult experts when necessary, and negotiate with insurance companies before deciding whether litigation is appropriate.

It is also important to understand that filing an insurance claim does not stop or extend the statute of limitations. Even if settlement negotiations are ongoing, you must file your lawsuit before the legal deadline expires unless an agreement or another legal exception applies.

Exceptions to the Two-Year Deadline

While the two-year limitation period applies in most cases, Texas law recognizes several exceptions.

For minors, the limitations period is generally tolled until the child reaches the age of 18 under Texas Civil Practice and Remedies Code § 16.001. Likewise, the statute may be tolled for individuals who are under a legal disability as defined by the statute.

In some cases involving latent injuries or injuries that could not reasonably have been discovered immediately, Texas courts may apply the “discovery rule,” delaying when the cause of action accrues. However, this exception is narrowly applied and depends on the specific facts of the case.

Claims against governmental entities present another important exception. Before filing suit under the Texas Tort Claims Act, claimants are generally required to provide notice to the governmental unit within a much shorter period than the normal statute of limitations. Texas Civil Practice and Remedies Code § 101.101 generally requires notice within six months of the incident unless the governmental entity has adopted a shorter notice period by charter or ordinance.

Protect Your Right to Compensation

Missing the statute of limitations can have devastating consequences. If a lawsuit is filed after the applicable deadline, the defendant will likely assert the statute of limitations as a defense, and the court may dismiss the case regardless of how strong the underlying claim may be.

Because every case presents unique facts, consulting an experienced Texas personal injury attorney as soon as possible is the best way to protect your rights. An attorney can determine the applicable filing deadline, identify any exceptions that may apply, preserve critical evidence, and ensure that your claim is filed on time.

IF YOU’VE BEEN INJURED IN AN ACCIDENT, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY FOR YOUR FREE CONSULTATION.

Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.

We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.