Of all the rules that shape a personal injury claim in Texas, the filing deadline is the one that can end a claim before anyone looks at the facts. This guide explains the basic two-year rule, how it works when an injury leads to death, how it treats children, the much shorter notice period that can apply when a government vehicle or employee is involved, and the deadlines that keep running after a suit is filed.
The Texas Civil Practice and Remedies Code sets the basic rule in Section 16.003: a person must bring suit for personal injury not later than two years after the day the cause of action accrues. The section points to a few exceptions, including separate accrual rules for asbestos-related and silica-related injuries and longer periods for injuries arising from certain criminal offenses. Claims from crashes and similar accidents generally fall under the two-year rule, but other statutes can set different rules for particular kinds of claims, and the day a claim accrues is not always obvious.
In its FAQ, Felix Gonzalez Accident and Injury Law Firm, a personal injury practice in San Antonio, puts it in practical terms: "Most personal injury cases in Texas must be filed within two years from the date of the accident."
The statute speaks of bringing suit. Reporting the crash to an insurance company, opening a claim with an adjuster or trading settlement letters is not the same thing as filing a lawsuit, and nothing in Section 16.003 stops the two years from running while those conversations go on.
Section 16.003 also covers actions for injury resulting in death. Those suits must be brought within two years, and the statute says the cause of action accrues on the death of the injured person. The two-year period in a death case therefore runs from the date of death, which may be later than the date of the accident.
Under Section 71.004 of the same Code, part of the Texas wrongful death statute, such an action is for the exclusive benefit of the surviving spouse, children and parents of the person who died.
Section 16.001 treats a person as under a legal disability if the person is younger than 18 years of age or of unsound mind. If a person entitled to sue is under a legal disability when the cause of action accrues, the time of the disability is not included in the limitations period. Read with Section 16.003, that generally means the two-year period on a child's own injury claim does not begin to run while the child is under 18.
The same section sets two limits. A person may not tack one legal disability onto another to extend a limitations period, and a disability that arises after a limitations period starts does not suspend the running of the period. An adult who is injured, for example, does not get extra time under this section because of a disability that arises later.
Different rules apply when the claim is against a governmental unit. Section 101.021 of the Code, part of the Texas Tort Claims Act, makes a governmental unit liable in defined circumstances, including personal injury proximately caused by the wrongful act, omission or negligence of an employee acting within the scope of employment, when the injury arises from the operation or use of a motor-driven vehicle and the employee would be personally liable under Texas law.
Section 101.101 entitles a governmental unit to receive notice of a claim not later than six months after the day the incident occurred. The notice must reasonably describe the injury claimed, the time and place of the incident, and the incident itself. Six months is not the only possible deadline: the same section ratifies city charter and ordinance provisions requiring notice within a charter period permitted by law, so a claim against a city may face that city's own notice period, which can differ from six months. The notice requirements do not apply if the governmental unit has actual notice of the death, injury or property damage, but because that exception depends on what the government knew, it is not something to count on.
For a crash with a city, county or state vehicle, a notice deadline may arrive long before the two-year filing deadline.
Your own auto policy can carry its own time limits. For personal injury protection, Section 1952.156 of the Texas Insurance Code allows a policy to set a period within which the original proof of loss must be presented, but that period cannot be less than six months after the date of the accident. Section 1952.151 also limits PIP to expenses incurred not later than the third anniversary of the accident.
Filing a lawsuit does not end the calendar. Section 18.001 of the Civil Practice and Remedies Code lets the reasonableness and necessity of medical charges be supported by an affidavit, and it requires that affidavit to be served on the other parties by dates tied to the defendant's answer and to expert-witness designation deadlines, unless the parties agree or the court allows otherwise. A missed date inside the case can matter as much as the filing deadline.
Evidence fades faster than legal deadlines. Witnesses move, vehicles are repaired or salvaged, and video can be overwritten. Talking with a lawyer early leaves time to work out which deadlines apply to a particular claim. The firm offers free consultations for people who want to talk through their own timeline.
This article is general information, not legal advice. Every case turns on its own facts; for advice about your situation, speak with a licensed Texas attorney.