Texas Injury Claims 2025: 2-Year Deadline, Discovery Rule & Key Exceptions

Texas Personal Injury Statute of Limitations (2025): Deadlines & Exceptions

In Texas, most personal injury lawsuits must be filed within 2 years of the injury date. Missing this deadline can permanently bar your right to recover damages.

General limitation period in Texas

Under Texas Civil Practice & Remedies Code § 16.003, the general rule is two years from the date the cause of action accrues. If you’re injured on March 1, 2025, you generally must file by March 1, 2027.

The countdown may start later in certain situations — for instance, if the injury wasn’t immediately apparent and the discovery rule applies.

Exceptions (minors, discovery rule, government claims)

• Minors or incapacitated persons: The clock is paused until the person turns 18 or regains competency.
• Discovery rule: Applies when the injury or its cause wasn’t reasonably discoverable until later.
• Government defendants: Claims may require formal notice within 6 months under the Texas Tort Claims Act.

Procedural steps: notice, filing, preservation of evidence

• File your lawsuit before the 2-year deadline expires — courts strictly enforce it.
• Send timely written notice to a government agency if applicable.
• Keep accident reports, photos, medical records, and witness details to preserve key evidence.
• Consult a Texas-licensed attorney early to confirm specific deadlines and exceptions.

Consequences of missing the deadline

Once the statute expires, your case is almost always dismissed. Even if you try to negotiate afterward, the other party has no obligation to settle because you’ve lost legal leverage.

Best practice for claim preparation

• Document the exact date of injury or discovery.
• Confirm whether any tolling applies (minor, discovery, government).
• Preserve medical, wage-loss, and repair documentation immediately.
• Don’t rely on negotiations alone — file before the statute expires.

Frequently Asked Questions

What’s the standard filing deadline?

Two years from the date of injury or when the cause of action accrues.

Does the time start at injury or discovery?

Normally at injury, but Texas applies the discovery rule when the harm couldn’t reasonably be found until later.

Can I negotiate after it expires?

You can ask, but once the statute expires, the defendant can refuse since your claim is no longer enforceable.

Key Takeaways

• The Texas personal-injury filing deadline is generally 2 years from injury or discovery (§ 16.003 CPRC).
• Exceptions apply for minors, mental incapacity, discovery rule, and government-entity claims.
• Missing the window ends your right to sue — document and act early.

References

• Texas Civil Practice & Remedies Code § 16.003
• Texas Law Help – Civil Lawsuit Limitations
• Nolo – Texas Personal Injury Limitations

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