The Short Answer: Two Years
Under Texas Civil Practice and Remedies Code Section 16.003, you have exactly two years from the date of your injury to file a personal injury lawsuit. Miss this deadline by even one day and the court will almost certainly dismiss your case permanently — regardless of how strong your evidence is or how severe your injuries were.
But the two-year rule is only the starting point. Several important exceptions, special deadlines, and practical realities can shorten or extend that window. This guide covers all of them — because missing a deadline you did not know about is the fastest way to lose a case you should have won.
The Standard Two-Year Deadline
For most personal injury claims in Texas — car accidents, truck wrecks, motorcycle crashes, slip and falls, dog bites, and workplace injuries — the clock starts on the date the injury occurs.
This deadline applies to filing the actual lawsuit in court, not to filing an insurance claim. You can negotiate with an insurance company at any time, but if talks stall and you need to take the case to court, the two-year limit is absolute.
It is important to understand that this is a deadline for filing, not for resolving. Many personal injury cases take a year or more to settle through negotiation. If your attorney files the lawsuit before the two-year mark, the case can continue through litigation for as long as necessary.
Wrongful Death: A Separate Two-Year Clock
If a personal injury results in death, the surviving family's wrongful death claim has its own two-year statute of limitations under Chapter 71 — but the clock starts on the date of death, not the date of the original accident.
If a person is injured in a crash on January 1 and dies from those injuries on June 1, the wrongful death filing deadline is June 1 two years later. The personal injury claim and the wrongful death claim are legally separate, each with its own timeline.
The 90-Day Government Entity Deadline
This is the most dangerous exception — and the one that catches the most people off guard.
If your injury was caused by a government entity — a city bus, a state highway maintenance vehicle, a police car, a municipal road defect, a government employee acting in their official capacity — you must serve formal written notice under the Texas Tort Claims Act (Chapter 101) within a dramatically shorter timeframe. Depending on the specific municipality's charter, this notice window can be as short as 90 days from the date of the injury.
If you fail to provide timely notice, your claim can be permanently barred before the two-year statute of limitations even becomes relevant. The government entity does not have to remind you of this requirement.
This applies to injuries caused by city vehicles (buses, garbage trucks, police cars, fire trucks), state-owned vehicles (TxDOT trucks, state trooper vehicles), road defects on government-maintained highways and streets, injuries on government property (public parks, government buildings, transit stations), and injuries caused by government employees acting within the scope of their duties.
If there is any possibility that a government entity was involved in your injury, contact an attorney immediately. The 90-day window does not allow time for delay.
Exceptions That Can Extend the Deadline
In limited circumstances, the two-year deadline can be paused or "tolled."
Minors
If the injured person is under 18 at the time of the injury, the statute of limitations is tolled until they turn 18. The two-year clock starts on their 18th birthday.
Mental Incapacity
If the injured person is deemed legally mentally incompetent at the time of the injury, the statute may be tolled until the incapacity is lifted.
The Discovery Rule
In rare cases where an injury is not immediately apparent — for example, exposure to a toxic substance that causes illness years later — Texas courts may apply the discovery rule, starting the clock on the date the injury was discovered or reasonably should have been discovered.
These exceptions are narrow and heavily litigated. Do not assume one applies to your situation without consulting an attorney.
Deadlines by Case Type in Texas
Car, truck, and motorcycle accidents: 2 years from the crash date.
Slip and fall / premises liability: 2 years from the date of the injury on the property.
Wrongful death: 2 years from the date of death, not the date of the accident.
Dog bites: 2 years from the date of the attack.
Products liability: 2 years from the date of injury, with a 15-year statute of repose.
Government entity claims: Formal notice required within 6 months (some charters require 90 days), then the standard 2-year lawsuit deadline.
Property damage: 2 years from the date of the accident.
Why Waiting Is Dangerous Even When You Have Time
Even though you technically have two years, waiting creates serious practical problems that damage your case.
Evidence disappears. Surveillance footage is typically overwritten within 30 to 90 days. Dashcam data is overwritten. Skid marks fade. Physical evidence at the scene degrades or is cleaned up.
Medical documentation gaps grow. If you wait months to seek treatment, the insurance company argues your injuries were not caused by the accident or were not serious. A gap between the accident and your first medical visit is one of the most common reasons claims are undervalued.
Witnesses become harder to locate. A witness who was willing to talk at the scene may be impossible to find six months later. Memories fade. People move. Cooperation decreases over time.
The insurance company gains leverage. The longer you wait, the more the adjuster assumes you are not serious about pursuing the claim. Early engagement with an attorney signals that you understand the process and intend to hold the at-fault party accountable.