Statute of Limitations for Personal Injury in Texas: Why Time Is Not on Your Side

Suffering a personal injury can turn your life upside down. Whether it’s a car crash on I-35, a slip-and-fall in an Austin store, or a dog bite at a Travis County park, victims often face medical bills, lost wages, and emotional distress. But while you’re focused on recovery, a legal deadline may be quietly running out—the statute of limitations.

Under Texas Civil Practice & Remedies Code § 16.003(a), most personal injury claims must be filed within two years from the date the cause of action accrues. Miss this deadline, and your right to compensation could vanish—no matter how strong your case.

What Is the Statute of Limitations?

A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. In personal injury law, this deadline exists to ensure claims are brought while evidence is still fresh, and to provide certainty for all parties involved.

In Texas, the general rule is straightforward:

“A person must bring suit for personal injury not later than two years after the day the cause of action accrues.”
— Tex. Civ. Prac. & Rem. Code § 16.003(a)

The “cause of action accrues” when the injury occurs—not when you discover the full extent of your injuries, get a diagnosis, or decide to sue.

Two Years Is Shorter Than You Think

Two years might sound like a generous window, but time can slip away quickly when you’re recovering, negotiating with insurers, or unsure whether to sue. Delays in gathering medical records, police reports, or eyewitness testimony can significantly reduce your ability to build a strong case.

Worse, insurance companies know the clock is ticking. They may drag out negotiations or offer a lowball settlement, betting that you’ll miss the deadline.

What Happens If You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the defendant can file a motion to dismiss. Unless an exception applies, the court will almost certainly grant it—and you’ll be permanently barred from pursuing your claim.

No settlement. No trial. No compensation.

That’s why understanding this deadline—and the few exceptions that may extend it—is critical.

Exceptions to the Two-Year Rule

Texas law recognizes limited situations where the statute of limitations may be tolled (paused) or extended. These exceptions are narrow, and courts interpret them strictly.

1. Minor Plaintiffs (Under Age 18)

If the injured person is a minor, the two-year clock does not start until their 18th birthday. This means they have until age 20 to file a personal injury claim.

However, parents or guardians can—and often should—file a lawsuit on the minor’s behalf much earlier to preserve evidence and witness memory.

Example: A 15-year-old suffers a traumatic brain injury in a bicycle accident caused by a negligent driver. The statute of limitations would start on their 18th birthday, giving them until age 20 to file.

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2. Mental Incapacity

Under § 16.001(b), if a person is of “unsound mind” at the time the injury occurs, the statute may be tolled until they regain mental competency. This may apply in cases involving:

• Cognitive impairment

• Severe brain injury

• Psychiatric hospitalization

The burden is on the plaintiff to prove unsoundness of mind, and courts often require medical evidence.

3. Discovery Rule (Very Limited Use)

Texas courts may apply the discovery rule in rare cases where the injury is inherently undiscoverable and objectively verifiable. This means the statute doesn’t start until the plaintiff discovers, or should have discovered, the injury.

This rule is not typically applied in car accidents or slip-and-falls, but may be relevant in cases involving:

• Exposure to toxic substances (e.g., benzene or asbestos)

• Medical malpractice involving foreign objects left in the body

• Latent product defects

4. Fraudulent Concealment

If a defendant intentionally conceals wrongdoing or injury, the statute may be tolled until the plaintiff discovers the deception. Fraudulent concealment requires clear proof of intent to hide facts.

5. Wrongful Death Claims

Wrongful death claims in Texas also have a two-year statute of limitations, but the clock begins on the date of death, not the date of the injury that caused it. This is important in cases where death occurs months after an accident.

How the Statute Applies in Common Texas Injury Cases

Here’s how the two-year statute typically applies in different types of personal injury cases:

*Note: Medical malpractice claims are governed by Tex. Civ. Prac. & Rem. Code § 74.251, which includes a 10-year statute of repose that can bar claims even with delayed discovery.

The Importance of Acting Early

The legal deadline is only part of the story. Waiting too long to seek legal counsel can hurt your case in other ways:

• Loss of evidence: Skid marks fade, surveillance footage gets erased, and documents get misplaced.

• Witness availability: People move, forget, or become uncooperative.

• Insurance complications: Delays can make insurers question the severity or cause of your injuries.

• Treatment gaps: If you delay medical treatment, it may appear that your injuries were not serious.

Case Law Spotlight: Robinson v. Weaver, 550 S.W.2d 18 (Tex. 1977)

In Robinson v. Weaver, the Texas Supreme Court clarified that the discovery rule does not apply to personal injury claims involving identifiable, traumatic events. The plaintiff underwent surgery in 1972 and discovered negligence years later. The Court held that the statute of limitations still applied from the date of injury, not the date of discovery.

This case highlights the strict interpretation of limitation periods in Texas—and why early legal advice is essential.

Don’t Let Time Cost You Justice

At Dang Law Group, we understand how overwhelming the aftermath of an injury can be. But justice doesn’t wait—and neither does the law. Whether you’re dealing with a distracted driver, a negligent property owner, or a dangerous product, you have a limited time to hold the responsible party accountable.

Our legal team has helped thousands of Texans fight for the compensation they deserve—and we’re ready to fight for you.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.