If you were hurt in a car accident, a slip and fall, or any other incident caused by someone else’s negligence, you have a limited window to take legal action. In Texas, that window is two years. Miss it, and the court will almost certainly throw out your case — no matter how strong it is.
Understanding this deadline — and the exceptions that can shift it — is one of the most important things you can do after an injury.
The Texas Personal Injury Statute of Limitations
Texas law sets a two-year statute of limitations for personal injury claims under Texas Civil Practice & Remedies Code § 16.003. The clock typically starts on the date of the accident or injury. If you were injured on May 14, 2024, you generally have until May 14, 2026 to file a lawsuit in civil court.
What Happens If You Miss the Deadline?
If you file after the two-year window, the defendant’s attorney will file a motion to dismiss based on the statute of limitations. Courts almost always grant it. You lose your right to any compensation — even if the other party was 100% at fault.
This is why acting quickly after an injury matters. Evidence fades, witnesses forget details, and every day you wait is a day closer to losing your legal rights entirely.
Exceptions: When the Two-Year Clock Changes
The two-year rule is not absolute. Several exceptions can toll (pause) the clock or shift when it starts.
Injuries to Minors
If the injured person was under 18 at the time of the accident, the statute of limitations does not begin until their 18th birthday. That means a child injured at age 10 has until age 20 to file. However, a parent or guardian can file on the child’s behalf at any time before that deadline.
Claims Against Government Entities
Suing a city, county, or state agency involves an additional layer: Texas Civil Practice & Remedies Code § 101.101 requires you to provide formal written notice within 6 months of the incident — and sometimes sooner depending on the entity. Missing this notice deadline can bar your claim entirely, even if you file within the two years. If a government vehicle or a poorly maintained public road caused your injury, contact an attorney immediately.
The Discovery Rule for Hidden Injuries
Some injuries aren’t apparent right away. Texas courts apply the discovery rule in cases where the injury was not reasonably discoverable at the time it occurred. In those situations, the two-year clock may start from the date you discovered (or reasonably should have discovered) the injury, not the date of the event that caused it.
Wrongful Death
If a family member died due to someone else’s negligence, the two-year clock for a wrongful death claim starts on the date of death — not the date of the accident or injury that caused it. This is governed by the Texas Wrongful Death Act, § 71.001.
Why You Shouldn’t Wait to Call a Lawyer
Even when you have two years, the strongest cases are built in the earliest weeks. Here’s why starting sooner makes a difference:
- Evidence disappears. Surveillance footage is often overwritten within days. Skid marks fade. Witnesses move on and memories dim.
- Medical records matter from day one. Gaps between the accident and your first doctor visit give the insurance company a reason to argue your injury wasn’t that serious.
- Insurance adjusters move fast. They may contact you quickly with a settlement offer that sounds reasonable but is far below what your case is worth.
- Investigation takes time. Reconstructing an accident, locating witnesses, and obtaining records requires weeks — time you don’t want to give up.
Talk to a Houston Personal Injury Attorney Today
At Texas Legal Giants, BJ Kemp handles every personal injury case personally — no handoffs to junior associates. If you were injured in Houston or anywhere in Texas, the free case review starts with a conversation about your timeline and your options.
Don’t let the clock run out on your claim. Call (346) 971-7333 or request your free case review online.
Frequently Asked Questions
Texas gives you two years from the date of the accident to file a personal injury lawsuit. If you miss that deadline, the court will almost certainly dismiss your case. Call a personal injury attorney as soon as possible to protect your right to compensation.
Yes. Texas Civil Practice & Remedies Code § 16.003 applies to all personal injury claims, including slip and fall accidents. The two-year clock starts on the date of the fall.
When the injured person is under 18, the statute of limitations is tolled (paused) until their 18th birthday. However, a parent or guardian can file a claim on the child’s behalf at any time before that deadline.
Yes, but the timeline is tighter. Texas law requires you to provide formal written notice to a government entity within 6 months of the incident (sometimes sooner). Missing this notice period can bar your claim even if you file within the two years. Contact an attorney immediately.
Texas courts apply the “discovery rule” to certain latent injuries. If your injury was not reasonably discoverable at the time of the accident, the two-year clock may start from when you discovered (or should have discovered) the injury. This exception is fact-specific — speak with an attorney to determine if it applies to your case.
Sources & Legal References
Your Houston Personal Injury Attorney
BJ Kemp
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp has built Texas Legal Giants on a simple promise: Big Commitment. Giant Results. He handles personal injury cases throughout greater Houston — car accidents, slip and fall, wrongful death, workplace injuries, and more — and fights to get accident victims the maximum settlement they deserve, not the quickest one the insurance company offers.
(346) 971–7333 — Free Case Review