Missing the deadline to file a personal injury claim in Texas means permanently losing your right to compensation — no exceptions. This guide covers every deadline you need to know so you don't accidentally give up your rights.
Texas has a 2-year statute of limitations for most personal injury cases. If you miss this deadline the court will dismiss your case and you lose your right to compensation forever. Do not wait — contact an attorney today even if you're unsure whether you have a case.
| Type of Claim | Deadline | Notes |
|---|---|---|
| Personal injury (car accident, slip and fall, etc.) | 2 Years | From date of injury |
| Wrongful death | 2 Years | From date of death |
| Medical malpractice | 2 Years | From injury or discovery |
| Product liability | 2 Years | From injury date |
| Claims against Texas government | 6 Months | Notice required first |
| Claims against city/county | 6 Months | Written notice required |
| Minors — injury at birth to 18 | Age 20 | Until 2 years after 18th birthday |
| Injury discovered later (latent) | 2 Years | From date of discovery |
Even if you have 2 years, waiting weakens your case significantly. Here's why acting quickly matters:
Evidence disappears. Surveillance footage gets overwritten in 30-90 days. Accident scenes change. Vehicle damage gets repaired. Witnesses' memories fade. Physical evidence deteriorates.
Medical documentation matters. Gaps in medical treatment give insurance companies ammunition to argue your injuries weren't serious. Seeing a doctor immediately and consistently builds the strongest medical record.
The other side moves fast. Insurance companies and corporate defendants begin building their defense immediately. The earlier you retain an attorney the sooner your team starts preserving evidence on your behalf.
Contact a personal injury attorney within days of your injury — not months or years. Most attorneys offer free consultations and can quickly tell you whether you have a viable claim. Early retention means better evidence preservation and stronger cases.
The Discovery Rule: If you could not reasonably have discovered your injury at the time it occurred — for example with latent chemical exposure or medical negligence — the clock may start from the date you discovered or reasonably should have discovered the injury.
Minors: If the injured person was under 18 at the time of injury, the statute of limitations is tolled until their 18th birthday, giving them until age 20 to file.
Mental incapacity: If the injured person was mentally incapacitated at the time of injury, the deadline may be tolled during the period of incapacity.
Fraudulent concealment: If the defendant fraudulently concealed information that prevented you from discovering your claim, the deadline may be extended.
If your injury involved a government entity — city bus, county vehicle, government property — you must provide written notice within 6 months. Missing this notice requirement permanently bars your claim even if the 2-year deadline has not passed. This is one of the most common and devastating mistakes injury victims make.