Texas Injury Deadlines at a Glance
Most injury claims in Texas share the same two-year period, but several have a different deadline or an extra step. The table shows the general rule for each. The sections below explain the details.
| Type of claim | Deadline | Texas law |
|---|---|---|
| Personal injury, including car and truck crashes, falls and dog bites | Lawsuit within 2 years of the injury | Civil Practice and Remedies Code §16.003(a) |
| Wrongful death | Lawsuit within 2 years of the date of death | §16.003(b) |
| Claim against a city, county or state agency | Written notice within 6 months of the incident (a city charter can set its own period), and a lawsuit within 2 years | §101.101 |
| Injury to a child | The time before the child turns 18 is not counted | §16.001 |
| Defective product | Lawsuit within 2 years of the injury, and generally no later than 15 years after the product was sold | §16.012(b) |
| Claim on your own uninsured or underinsured motorist coverage | 4 years. Texas courts treat it as a claim on the insurance contract | §16.004; Franco v. Allstate Insurance Co. (Tex. 1974) |
This guide covers injury claims based on negligence. It does not cover medical malpractice claims, which follow different rules.
When Does the Two-Year Clock Start?
The clock starts on the day the claim “accrues” (§16.003(a)). For a crash, a fall or a dog bite, that is almost always the day you were hurt.
For a wrongful death claim, the statute says the claim accrues on the death of the injured person, even when the injury happened earlier (§16.003(b)).
Texas courts also apply a “discovery rule” in a narrow group of cases where an injury could not have been discovered right away. It rarely helps after an accident, because you know that day that you were hurt. Don’t rely on it without a lawyer’s advice.
What Can Pause the Deadline?
Texas law pauses the clock in a few situations. Lawyers call this “tolling.”
- Children. If the injured person is younger than 18, the time before the 18th birthday is not counted (§16.001). A person injured as a child generally has until age 20 to file their own claim. A parent’s separate claim for the child’s medical bills is generally not paused. See Texas child injury claims.
- Unsound mind. If the injured person is of unsound mind when the claim arises, that time is not counted (§16.001). A disability that begins after the clock has started does not pause it.
- A defendant who is out of state. The time a defendant is absent from Texas is not counted (§16.063). Courts have limited when this applies, so it is not a safe reason to wait.
- Death of a party. If the person who has the claim, or the person it is against, dies, the clock stops for up to 12 months. It starts again sooner if an executor or administrator of the estate qualifies before then (§16.062).
These are exceptions, and each one has conditions. Treat two years as the deadline unless a lawyer has confirmed that an exception applies to you.
Claims Against a City, County or the State
Claims against the government have an extra, earlier deadline. Under the Texas Tort Claims Act, a governmental unit is entitled to notice of a claim within six months of the incident. The notice must reasonably describe the injury or damage, the time and place of the incident, and what happened (§101.101(a)).
Two more rules matter:
- A city charter can set its own notice period. Texas law approves the notice periods in city charters (§101.101(b)). The Fort Worth City Charter requires written notice to the City Council within 180 days. Other cities set their own periods, so check the charter of the city involved.
- Actual notice. Formal notice is not required when the governmental unit already has actual notice that someone was hurt or killed or that property was damaged (§101.101(c)). Don’t count on this. Send written notice anyway.
Giving notice does not extend the time to sue. The lawsuit must still be filed within two years. These rules can apply after a crash with a city, county or state agency vehicle, among other cases. Our posts on Texas Tort Claims Act notice requirements and the notice deadline go into more detail.
Wrongful Death and Survival Claims
When an injury causes a death, Texas law allows two kinds of claims.
- Wrongful death. The claim belongs to the surviving spouse, children and parents of the person who died. Any of them can file, for the benefit of all. If none of them has filed within three calendar months of the death, the executor or administrator of the estate must bring the claim unless all of them ask the executor not to (§71.004). The deadline is two years from the date of death.
- Survival claim. The injured person’s own claim does not end at death. It passes to the heirs, legal representatives and estate (§71.021).
See the Texas wrongful death statute for who can recover and what damages are available, or talk to a Fort Worth wrongful death lawyer.
An Insurance Claim Is Not a Lawsuit
Opening a claim with an insurance company does not stop the clock. Neither does negotiating, sending records or receiving an offer. The statute requires a person to “bring suit” within two years, which means filing a lawsuit in court.
Insurers know the date. If the deadline passes with no lawsuit on file, the insurer has no legal reason to keep negotiating. If talks are still going as the two-year mark gets close, a lawsuit has to be filed to protect the claim. See how a car accident settlement timeline usually runs.
What Happens If You Miss the Deadline?
The defendant can ask the court to dismiss the case, and courts enforce the deadline. It does not matter how clear the other side’s fault is or how serious the injury was. Once a claim is barred, you lose the right to recover through the courts, and the insurance company no longer has a reason to pay.
Why It Pays to Act Well Before Two Years
Two years is the outer limit, not a target. A claim is easier to prove when the work starts early:
- Evidence fades. Video is recorded over, vehicles are repaired or sold, and witnesses move or forget. In a truck crash, the carrier only has to keep driver hours records for six months.
- Medical proof takes time. Records and bills have to be collected, and your doctors need time to say what care you will need later.
- Finding every responsible party takes time. An employer, a vehicle owner or a government agency may share responsibility, and some of them have shorter notice deadlines.
- A lawsuit takes preparation. A lawyer needs time to investigate before filing.
If you were hurt in Fort Worth or anywhere in Tarrant County, our Fort Worth personal injury lawyers can tell you which deadline applies to your claim in a free case review. Call (817) 503-9200.
Sources
- Texas Civil Practice and Remedies Code, Chapter 16: §16.001 (legal disability), §16.003 (two-year period), §16.004 (four-year period), §16.012 (products liability), §16.062 (death of a party), §16.063 (absence from the state)
- Texas Civil Practice and Remedies Code, Chapter 71: §71.004 (wrongful death) and §71.021 (survival)
- Texas Civil Practice and Remedies Code, Chapter 101: §101.101 (notice under the Texas Tort Claims Act)
- Fort Worth City Charter, notice of claim section
- Franco v. Allstate Insurance Co., Texas Supreme Court, 1974
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Frequently Asked Questions
What is the statute of limitations for a car accident in Texas?
Two years from the date of the crash for an injury claim, under Civil Practice and Remedies Code §16.003. If someone died, the family has two years from the date of death. If a city, county or state vehicle was involved, written notice is usually due within six months.
Can the statute of limitations be extended in Texas?
Only in limited situations set by law. The clock is paused while the injured person is younger than 18 or of unsound mind, while a defendant is absent from Texas, and for up to 12 months after the death of a party. An insurance company's promise to keep talking does not extend the deadline.
How long does a minor have to file an injury claim in Texas?
The time before a child's 18th birthday is not counted, so a person injured as a child generally has until age 20 to file their own claim. A parent's claim for the child's medical bills is separate and is generally not paused, so parents should not wait.
How long do I have to sue a city in Texas?
The Texas Tort Claims Act entitles a governmental unit to written notice of a claim within six months of the incident, and a city charter can set its own notice period. Fort Worth's charter requires written notice within 180 days. The lawsuit itself must still be filed within two years.
Does filing an insurance claim stop the statute of limitations?
No. Reporting a claim, negotiating with an adjuster and receiving offers do not stop or extend the deadline. Only a lawsuit filed in court before the deadline protects the claim.
Is two years the deadline to settle my case or to file a lawsuit?
To file a lawsuit. A claim can settle before or after that date as long as a lawsuit was filed in time. If no lawsuit is on file when the deadline passes, the insurer no longer has a reason to pay.