Texas Personal Injury Statute of Limitations (2025): Deadlines & Exceptions
Meta Description: Learn the Texas personal injury statute of limitations 2025: standard deadlines, key exceptions, and steps to preserve your rights before time runs out.
1️⃣ Overview
As of 2025, most Texas personal injury lawsuits must be filed within a two-year window from the date the claim accrues. Texas law also recognizes important exceptions (e.g., tolling for minors, special notice rules for government claims, and distinct rules for medical malpractice and product cases). Citing the correct rule and filing on time are critical to preserve your claim in court.
2️⃣ Standard limitation period for personal injury in Texas
The general statute of limitations for personal injury is two years from the day the cause of action accrues (typically the injury date). This rule appears in Texas Civil Practice & Remedies Code §16.003(a).
| Claim Type | Default Deadline | Source |
|---|
| Personal injury (most negligence claims) | 2 years from accrual | Tex. Civ. Prac. & Rem. Code §16.003(a) |
3️⃣ Common exceptions: minors, discovery rule, government claims
Minors / legal disability: The limitations period is tolled while a person is under 18 or of unsound mind; the clock starts when the disability ends (e.g., at 18th birthday).
Discovery rule (limited use): In select cases involving inherently undiscoverable injuries, accrual may be delayed until the injury was or should have been discovered with reasonable diligence, as recognized by Texas Supreme Court precedent. Application is narrow and fact-specific.
Claims against government entities: You still face the two-year limitations period, and you generally must provide written notice to the governmental unit within six months describing the injury, time, and place—unless the entity had actual notice. Local charters can require even earlier notice.
Medical malpractice: Usually a 2-year limit, plus a 10-year statute of repose that can bar claims regardless of discovery, subject to limited exceptions (e.g., minors under 12 have special timing).
Product liability: Texas has a 15-year statute of repose after the product’s sale by the defendant, with specific exceptions.
4️⃣ Steps to preserve your claim before deadline
- Record the accrual date: Note the injury date (or discovery date if a recognized discovery-rule scenario applies).
- Calendar all cutoffs: Add the 2-year limit and any earlier notice deadlines (e.g., 6-month government claim notice).
- Gather evidence early: Secure medical records, photos, witness info, and employment proofs of lost wages.
- Identify all parties & policies: At-fault individuals, employers, product sellers, and applicable insurers.
- File or toll via agreement (if applicable): Consider filing suit to stop the clock; informal talks alone don’t pause limitations.
5️⃣ Consequences of missing the deadline
If you file after the statute of limitations or repose expires, courts can dismiss your case and you may lose the ability to recover damages. Insurers also lose incentive to negotiate once the limitations period lapses.
6️⃣ Mobile-friendly timeline visualization for claimants
Now → Save photos, witness contacts, medical bills → Within weeks → Request full medical records & wage documentation → By 6 months (if a government unit is involved) → Send statutory notice with required details → Before 2 years → File suit (earlier for complex cases) → Special windows → Check med-mal 2-year limit + 10-year repose; products 15-year repose; tolling for minors until age 18.
FAQs
Q1. What is the usual time limit for filing a personal injury claim in Texas?
A1. Generally, two years from the date of injury (the claim’s accrual), per §16.003(a).
Q2. Does “discovery rule” ever extend the deadline?
A2. Sometimes—if the injury was inherently undiscoverable and not reasonably knowable earlier, accrual may be delayed. Courts apply this narrowly and fact-dependently.
Q3. Can I negotiate after the statute of limitations expires?
A3. It’s much harder—once the deadline passes, you may lose your right to sue, weakening leverage with insurers.
Conclusion
The baseline rule in Texas is a two-year personal injury limitations period, but exceptions and special statutes (tolling for minors, government-claim notices, medical-malpractice and product-liability repose) can change the timeline. Mark your deadlines early and preserve evidence so your claim remains timely and enforceable.
References
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