The clock starts on the date of injury. The controlling statute is Tex. Civ. Prac. & Rem. Code § 16.003. Filing one day late dismisses the case with prejudice.
The personal-injury filing deadline in Texas exists for two reasons: evidence degrades, and defendants are entitled to repose. Courts enforce both rationales mechanically, which is why even sympathetic cases get dismissed when filed late.
Texas applies the same 2-year limitations period to personal injury, medical malpractice, and wrongful-death claims (Tex. Civ. Prac. & Rem. Code § 16.003). Property-damage claims run separately, with a 2-year deadline.
The statute itself, Tex. Civ. Prac. & Rem. Code § 16.003, is the controlling authority. Interpretive decisions come from TX Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
Texas treats the date of injury as the trigger. Settlement negotiations, insurance adjuster calls, and pre-litigation demands do not pause the running of the statute , only proper filing in a Texas court does.
Under Texas's discovery doctrine, if an injury is not immediately apparent, the clock can be delayed until the plaintiff discovers , or, with reasonable diligence, should have discovered , both the harm and its connection to the defendant's conduct.
The consequence of filing one day late is the same as filing one year late , total bar. Texas courts have repeatedly rejected "near miss" equitable arguments. If the deadline is two years and you file on day 731, the case is dead.
Texas, like nearly every U.S. state, tolls the statute of limitations for plaintiffs who are minors at the time of injury. The clock does not start until the minor turns 18 (or, in some states, the age of majority specified by statute), at which point the standard limitations period begins to run.
Texas courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Texas cases.
If the at-fault party leaves Texas after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Texas insurance commissioner have narrowed this rule.
If the defendant actively concealed the cause of action, Texas courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Texas government entities require a written notice of claim served on the appropriate official within a fixed window after the injury. The Texas Attorney General's office or city/county attorney is typically the proper recipient.
Once your complaint is filed within the deadline, the case moves to the merits. Texas jurors apply the state's comparative-fault doctrine to allocate responsibility, and that allocation drives the final award.
Texas applies modified comparative fault (51% bar). Texas uses modified comparative fault with 51% bar. Authority: Tex. Civ. Prac. & Rem. Code § 33.001.
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 | Date of injury |
| Medical malpractice | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 | Discovery or treatment end |
| Wrongful death | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 | Date of death |
| Property damage | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 | Date of damage |
Texas is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Tex. Transp. Code § 601.072 is 30/60/25.
Texas does not mandate UM coverage but insurers must offer it (Tex. Ins. Code § 1952.101). Most policies include it at a minimum of undefined.
Texas caps non-economic damages in medical-malpractice cases at $250,000. Punitive damages are limited per statute ($200K or 2x compensatory). Authority: Tex. Civ. Prac. & Rem. Code § 74.301.
Texas tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Texas insurer.
Insurance negotiations do not toll the statute. Texas courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Texas SOL.
Tolling pauses the clock. Texas recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Texas courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Yes, in limited circumstances. Texas permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
No. Only proper filing of a civil complaint in a Texas court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Texas does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Last verified against primary sources on 2026-05-16.