Injury guide
The Texas statute of limitations for personal injury claims
Reviewed by Nolan Ryan McConville, Texas attorney since 2016 · Updated October 2026
Every injury claim in Texas has a deadline. Miss it, and you can lose the right to recover anything, no matter how strong the case was.
This article explains the general two-year rule, the much shorter notice rules for claims against government bodies, and why it pays to act long before any deadline.
Two years
The general rule: two years
Most Texas personal injury claims generally must be filed within two years (Tex. Civ. Prac. & Rem. Code §16.003).
Claims covered
That includes car crashes, truck crashes, falls and dog bites. Wrongful death claims generally have a two-year limit as well.
Filed means in court
Filed means filed in court, not reported to an insurer.
What does not stop it
Calling the insurance company, sending a demand letter or negotiating with an adjuster does not stop the clock.
Near the deadline
If a case has not settled as the deadline gets close, a lawsuit usually has to be filed to protect the claim.
Start date
When the clock usually starts
For most injury claims, the two years usually run from the date of the injury, such as the day of the crash.
Wrongful death
For wrongful death claims, the time is generally measured from the date of death.
Exceptions exist
Some exceptions can change when the clock starts or pause it for a time.
Injured minors
For example, the rules can work differently when the injured person is a minor.
Don't count on one
Whether an exception applies depends on the facts, so don't count on one without talking to a lawyer.
Government claims
Claims against the government: much shorter notice
Before you can sue a government body, you generally must give it written notice of the claim within six months of the incident (Tex. Civ. Prac. & Rem. Code §101.101).
Who it covers
Claims against a city, county, DART, a school district or another government body fall under the Texas Tort Claims Act.
Some cities sooner
Some cities require notice even sooner under their charters or ordinances.
Common situations
These cases come up more often than people think. A crash with a city garbage truck, a DART bus, a county vehicle or a school bus can all trigger these rules.
Missing the notice
Missing the notice deadline can end the claim before it starts.
Damage caps
Government claims also have damage caps
The Tort Claims Act also limits how much can be recovered from local governments, and what kinds of claims can be brought at all.
Caps for local governments
Cities are generally capped at $250,000 per person and $500,000 per occurrence for bodily injury, with lower caps for counties, school districts and some other local units.
Limits on claim types
The Act also limits the kinds of claims that can be brought at all.
Other responsible parties
Because of those limits, it is important to look for every other responsible party, such as a private contractor.
Other insurance
Look for every other insurance policy too, including your own UM/UIM coverage.
Earlier deadlines
Other deadlines that can come first
The lawsuit deadline is not the only one that matters. Other deadlines can arrive well before two years.
- Insurance policies often require prompt notice of a crash or claim, including UM/UIM and PIP claims.
- Workers' compensation claims have their own reporting rules.
- Cruise ship ticket contracts often require written notice within about six months and suit within one year, usually in a specific federal court. Check your ticket.
- Some federal laws, such as those covering railroad workers and longshore workers, have their own time limits.
Insurance notice
Policies often require prompt notice of a crash or claim, including UM/UIM and PIP claims.
Workers' comp
Workers' compensation claims have their own reporting rules.
Cruise tickets
Ticket contracts often require written notice within about six months and suit within one year, usually in a specific federal court. Check your ticket.
Federal worker laws
Some federal laws, such as those covering railroad workers and longshore workers, have their own time limits.
Examples
How these deadlines play out
A few simple examples show how the rules fit together. These are illustrations, not legal advice, and real cases depend on their facts.
Private driver on US-75
The general rule gives you two years to file suit, though your own insurer may want notice of a PIP or UM claim much sooner.
City vehicle downtown
Written notice is likely due within six months, possibly sooner under city rules, before the two-year lawsuit deadline comes into play.
Cruise from Galveston
Your ticket may require written notice within about six months and suit within one year in a particular federal court.
A family member's death
A wrongful death claim generally must be filed within two years, usually measured from the date of death.
- You are rear-ended by a private driver on US-75. The general rule gives you two years to file suit, though your own insurer may want notice of a PIP or UM claim much sooner.
- A city vehicle runs a red light and hits you downtown. You likely need to give written notice within six months, and possibly sooner under the city's rules, before the two-year lawsuit deadline even comes into play.
- You are hurt on a cruise that left from Galveston. Your ticket may require written notice within about six months and suit within one year in a particular federal court.
- A family member dies in a crash. A wrongful death claim generally must be filed within two years, usually measured from the date of death.
Evidence
Why waiting hurts even before the deadline
Even when you have plenty of time on paper, evidence does not wait.
Video and truck data
Surveillance video is often recorded over within days or weeks. Truck data such as ELD and dashcam footage can be overwritten.
Witnesses and vehicles
Witnesses move, change numbers and forget details. Vehicles get repaired or scrapped.
Time to investigate
Starting early gives a lawyer time to preserve evidence, investigate, identify every responsible party and get the medical picture clear.
Room to negotiate
It also leaves room to negotiate without the pressure of an approaching deadline.
Myths
Common myths about the deadline
A few beliefs cause people to lose claims every year. Here are the ones worth correcting.
Insurance claims and the clock
An insurance claim does not stop the clock. Only filing suit, or a specific legal exception, does.
No rush with two years
Government notice deadlines and insurance notice rules can come much sooner, and evidence fades.
Adjuster promises
An adjuster saying they'd pay does not extend your deadline.
- "The insurance claim stops the clock." It does not. Only filing suit, or a specific legal exception, does.
- "I have two years, so there's no rush." Government notice deadlines and insurance notice rules can come much sooner, and evidence fades.
- "The adjuster said they'd pay, so I don't need to file." An adjuster's promise does not extend your deadline.
Missed deadline
What happens if you miss it
If a lawsuit is filed after the limitations period and no exception applies, the defendant can ask the court to dismiss it. Courts generally grant that request.
Insurers know too
Insurers know the deadline, and once it has passed, they have little reason to pay.
Risky reassurances
It is risky to rely on an adjuster's promise that a claim will be taken care of.
Not your representative
The adjuster does not represent you, and their promise does not extend your deadline.
Protect yourself
How to protect yourself
A few simple steps keep you ahead of the deadlines.
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01Right away
Write down the date
Write down the date of your injury.
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02Early on
Check for government ties
Ask early whether any government body, government vehicle or government property was involved.
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03Early on
Read your policy
Read your insurance policy's notice requirements.
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04First few weeks
Talk to a lawyer
Talk to a lawyer well before the two-year mark, ideally in the first few weeks, so there is time to do the work.
Next step
Talk to Nolan
Not sure how much time you have? Nolan can help you find out.
Your deadlines reviewed
Nolan can look at your situation and tell you which deadlines apply.
Free consultation
The consultation is free, and there is no attorney's fee unless money is recovered.
Talk directly with Nolan
Call (214) 706-4031 to talk with Nolan directly.
Related cases
Related practice areas
Car accidents
Wrongful death
Bus accidents
Truck accidents
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