How Long Do You Have to File a Personal Injury Claim in Texas?
After an unexpected accident, you usually have two years to file a personal injury lawsuit in Texas. That deadline can change, however, when the injured person is a minor, the defendant is a government entity, or another narrow exception applies.
Galvan Law Group helps victims of motor vehicle and premises liability across North Texas protect their legal rights. Knowing your exact deadline can preserve your ability to seek compensation and prevent stalled insurance negotiations from carrying you past the filing date, including in Dallas County courts.
The General Two-Year Deadline for Texas Personal Injury Lawsuits
Most Texas personal injury lawsuits must be filed within two years after the claim accrues. Under Texas Civil Practice and Remedies Code Section 16.003, that period generally applies to injury and wrongful death actions.
Accrual usually occurs when a wrongful act causes a legal injury, and the legal clock begins to run, although exceptions may defer accrual. For a typical car crash on June 1, the basic calculation works like this:
- Confirm June 1 as the accident and injury date.
- Identify every person or company that may be legally responsible.
- Investigate the evidence and prepare the court petition.
- File the petition by June 1, two years later.
Do not treat that example as an automatic answer for your case. Government notice rules, legal disability, product liability statutes, and other issues can affect the calculation.
Filing means formally submitting a petition to the correct court. Hiring a lawyer, sending a demand letter, or asking an adjuster for payment does not file a lawsuit.
If the limitations period expires, the defendant can ask the court to dismiss the case as untimely. That can end your ability to pursue compensation through the courts, regardless of how serious the injury is.
Why an Insurance Claim Is Not a Lawsuit
Notifying an insurance company does not satisfy the court filing deadline. Insurance activity and litigation follow separate tracks, and settlement discussions generally do not pause the two-year clock.
An adjuster may request more records, schedule another review, or continue making offers as the deadline approaches. Regardless of why negotiations continue, you remain responsible for preserving your right to file.
A simple deadline record can prevent confusion:
| Date to track | What it means |
| Injury date | The usual starting point for limitations |
| Insurance notice date | When the carrier learned about the claim |
| Demand date | When you requested payment |
| Court filing deadline | The date by which a lawsuit generally must be filed |
Suppose you notify the insurer one week after a crash and negotiate for 18 months. You do not receive a fresh two-year period when negotiations fail. The original deadline generally remains in place.
A demand letter may help resolve a claim without litigation, but it does not replace a petition. A timely filed lawsuit keeps the court option available if the insurer will not offer a fair resolution.
Specific Deadlines for Common North Texas Accident Types
The two-year rule applies to many common injury claims, but each claim type presents distinct evidentiary problems. Waiting until the last few months can leave enough time to file, but too little time to build the case properly.
Motor vehicle and commercial truck crashes
Car and commercial truck crash lawsuits generally fall under the two-year limitations period. The basic evidence deadline can arrive much sooner.
Truck data, driver records, dispatch communications, and vehicle condition evidence may be lost or overwritten under ordinary retention practices. Galvan Law Group sends preservation letters in commercial crash matters to request that relevant evidence be kept before it is lost or overwritten.
During the first few weeks, obtain the crash report, photographs, medical records, and witness contact information. Do not assume the investigating agency or insurance company has preserved everything you may need.
Premises liability and dangerous property
Claims involving falls, inadequate maintenance, and dangerous property conditions generally carry the same two-year deadline. Surveillance footage may be overwritten, and the physical hazard may change well before the filing deadline.
A spill may be cleaned within minutes. A broken stair may be repaired within days, and security footage may be routinely overwritten.
Photograph the hazard, the surrounding area, the lighting, and your injuries as soon as you safely can. Report the incident to the property manager and request a copy of the report, but avoid signing a statement you do not understand. An early site investigation may reveal cameras, witnesses, or maintenance records that become difficult to locate later.
Product liability and defective goods
Injury claims involving a defective product generally have a two-year filing period measured from the date of injury. Texas Civil Practice and Remedies Code Section 16.012 also creates a separate statute of repose for qualifying product liability claims.
That statute can bar certain claims involving products sold more than 15 years earlier, even when the injury occurred within the general two-year filing period. Exceptions may apply, so the product’s age, sale history, warranty, and expected useful life need careful review.
Keep the product, packaging, instructions, warnings, receipts, and photographs. Do not repair, discard, or return the item before getting legal guidance. Product cases can require substantial investigation of the design, manufacturing process, medical evidence, and available recall information.
Wrongful death claims
A Texas wrongful death claim generally accrues on the date the injured person dies, which may differ from the accident date. Section 16.0003 provides the general two-year limitations period for these actions.
Families may need time to identify eligible claimants, obtain records, and address estate representation. A related criminal investigation does not necessarily extend the civil deadline, so waiting for criminal proceedings to end can create unnecessary risk.
Gather the death certificate, medical records, accident documents, and available insurance correspondence early. These materials help counsel determine who may bring claims and which deadlines apply.
Strict Notice Requirements for Claims Against the Government
Claims involving government vehicles, public property, or government employees may require notice long before the ordinary lawsuit deadline. The Texas Tort Claims Act (Section 101.101) generally requires notice within six months, while an applicable charter or ordinance may impose an earlier deadline.
The written notice generally must provide information about:
- The damage or injury claimed
- When the incident happened
- Where it happened
- What occurred
This notice requirement is separate from filing a lawsuit. Sending notice does not replace the court petition, and the two-year filing period does not eliminate an earlier notice obligation.
Actual notice can affect the analysis in some cases, but you should not assume a government department knows enough simply because an employee was present or a report exists. Claims involving a city bus, an unsafe sidewalk, a public building, or a government vehicle deserve an immediate deadline review.
Legal Exceptions That Can Pause the Filing Clock
Texas recognizes several exceptions that may pause or alter limitations, but courts apply them based on specific facts. Treat an exception as an issue to investigate, not permission to wait.
Minors and legal incapacity
Texas Civil Practice and Remedies Code Section 16.001 addresses legal disability as of the claim’s accrual. It can apply when the injured person is under 18 or has a qualifying mental incapacity at that time.
For a minor’s personal injury claim, the limitations clock typically does not begin until the child turns 18. Claims belonging to a parent, including certain medical expense claims, may follow a different timeline.
A parent can pursue a child’s claim before the child reaches adulthood. Acting earlier may preserve photographs, medical evidence, and witness memories that may be lost or fade over time.
The discovery rule for delayed injuries
The discovery rule may delay accrual when an injury is inherently undiscoverable and objectively verifiable. It is a narrow exception, not a general extension, for late-appearing symptoms.
A completely concealed injury, such as an object unknowingly left inside a patient during a procedure, illustrates the type of hidden harm that may raise the issue. Medical claims can involve additional rules and should be reviewed separately.
Delayed soreness after a car crash ordinarily does not make the injury inherently undiscoverable. Do not assume the discovery rule applies to a late motor vehicle or premises claim without a legal review.
When the defendant leaves the state
Section 16.063 addresses how a defendant’s absence from Texas may affect the limitations period. Its application depends on the defendant’s circumstances, the ability to serve that person, and other legal factors.
Proving absence may require travel records, employment information, addresses, or testimony. Simply knowing that someone took trips outside Texas does not produce an easy deadline calculation.
This exception is too fact-dependent to serve as grounds for postponing a lawsuit. File within the ordinary period whenever possible.
What to Do If Your Deadline Is Rapidly Approaching
When time is short, collect the core facts and contact an attorney immediately. A lawyer still needs time to identify defendants, determine the proper court and venue, investigate available claims, and prepare an accurate petition.
Bring or send the following materials:
- The exact accident date, time, and location
- Names and contact details for everyone involved
- Police, incident, or workplace reports
- Photographs, videos, and witness information
- Medical records and a treatment timeline
- Insurance letters, emails, offers, and claim numbers
- Any prior demand letters or signed documents
Careful preparation matters even when the filing deadline is close. A last-minute petition can create avoidable problems if it names the wrong party or omits a claim.
If you believe the deadline has already passed, do not discard your records. We can review the dates for a possible legal disability, government notice issue, discovery question, or another tolling argument. An exception may not apply, but the timeline may be less straightforward than it first appears.
Protect Your Right to File Before the Deadline Passes
Waiting too long after an injury can put your ability to pursue compensation at risk. Reviewing the accident date, medical timeline, and other key facts early can help determine which deadlines apply and preserve important evidence before it becomes harder to obtain.
Galvan Law Group provides personal, direct representation for injury victims in Dallas and throughout North Texas. Call (214) 556-6957 or visit the firm’s Contact Us page to discuss your case and have the relevant deadlines reviewed before time runs out.