Texas · Checked October 14, 2026
Texas personal injury law: how long you have to sue
In Texas, the general deadline to file a personal injury lawsuit is 2 years (Tex. Civ. Prac. & Rem. Code § 16.003(a)). Here are the deadlines for wrongful death and medical malpractice, the fault rule and the car insurance rules, each quoted from the state’s law.
Filing deadlines in Texas
| Type of claim | Deadline | What the law says | Law |
|---|---|---|---|
| Personal injury | 2 years | Suit must be brought “not later than two years after the day the cause of action accrues.” | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Wrongful death | 2 years from the death | The cause of action “accrues on the death of the injured person.” | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Medical malpractice | 2 years | Two years from the breach or tort, or from completion of the treatment; children under 12 have until their 14th birthday. | Tex. Civ. Prac. & Rem. Code § 74.251(a) |
The clock usually starts on the day of the injury (or the death), but exceptions can shorten or pause it, including claims against government bodies and claims by children. Do not wait until the last month: lawyers need time to investigate.
If you were partly at fault: Modified comparative fault (51% bar)
You cannot recover damages if your share of responsibility is greater than 50 percent; otherwise your damages are reduced by your share. Source: Tex. Civ. Prac. & Rem. Code § 33.001.
What to do next
- Write down the date of the injury and count forward to your deadline.
- Keep medical records, photos, the police report and insurance letters.
- Talk to a Texas lawyer well before the deadline. Most injury lawyers work on contingency, so the first consultation is usually free.
Guides: car accidents · medical malpractice · wrongful death · other states
Frequently asked questions
What is the statute of limitations for personal injury in Texas?
2 years in most cases (Tex. Civ. Prac. & Rem. Code § 16.003(a)). Some claims, including those against government bodies, have different deadlines.
How long do you have to file a wrongful death claim in Texas?
2 years from the death (Tex. Civ. Prac. & Rem. Code § 16.003(b)).
Can I recover if I was partly at fault in Texas?
You cannot recover damages if your share of responsibility is greater than 50 percent; otherwise your damages are reduced by your share.
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General information from Texas’s statutes and official sources, checked October 14, 2026. Laws change and exceptions apply; this is not legal advice. AmericanAttorneys.net is not a law firm.