The Deadline to Sue for an Injury in Texas
Fact-checked against primary sources
Texas gives an injured person two years to file a personal injury lawsuit, counted from the day the cause of action accrues. That rule is in Civil Practice and Remedies Code section 16.003(a), and the same subsection applies the two-year period to suits for trespass for injury to the property of another. Chapter 16 names the situations below that pause or extend the clock.
When the two years begin
Section 16.003 ties the start of the period to accrual, the day the cause of action accrues. For most injury claims the statute says nothing more about when that day is.
It is more specific for deaths. Section 16.003(b) also allows two years for an action for injury resulting in death, and states that the cause of action accrues on the death of the injured person. So for a wrongful death claim the period runs from the date of death, even if the injury happened earlier. Section 71.004 reserves the wrongful death action for the benefit of the deceased person's surviving spouse, children and parents, and our wrongful death guide covers who may file it.
One more accrual rule covers a narrow kind of injury. For asbestos-related or silica-related injuries, section 16.0031 sets accrual at the earlier of the exposed person's death or the date the claimant serves on a defendant a report complying with Section 90.003 or 90.010(f) (asbestos) or Section 90.004 or 90.010(f) (silica).
Longer periods the statute names
Section 16.003(a) opens with three exceptions: sections 16.010, 16.0031 and 16.0045. Section 16.010 concerns trade secret claims and section 16.0031 is the asbestos and silica accrual rule above. Section 16.0045 sets longer periods for injury from certain sexual offenses:
| Claim | Period under section 16.0045 |
|---|---|
| Injury from listed offenses in 16.0045(a), including sexual assault of a child and continuous sexual abuse of a young child | 30 years after accrual |
| Injury from listed offenses in 16.0045(b), including sexual assault, aggravated sexual assault and trafficking of persons | 5 years after accrual |
For those claims only, filing a petition against an unknown defendant named as "John or Jane Doe" tolls the period. The person filing must proceed with due diligence to identify the defendant and amend the petition within 30 days after learning who it is (section 16.0045(d)). The period starts running again on the date the petition is amended. When one of those offenses results in a death, the claim accrues on the date of death (section 16.0045(c)).
What pauses the clock
Texas law describes these as periods that are not counted, or that suspend the running of limitations. Each comes with its own conditions.
Minors and people of unsound mind
Under section 16.001, a person is under a legal disability if the person is younger than 18 (married or not) or of unsound mind. When the person entitled to sue is under a legal disability at the time the claim accrues, the time of the disability is not included in the limitations period. Two limits follow in the same section:
- one disability cannot be tacked onto another to stretch the period (section 16.001(c)); and
- a disability that begins after the period has started does not stop it from running (section 16.001(d)).
A death on either side
Section 16.062 suspends limitations for 12 months after the death of a person against whom, or in whose favor, a claim may be brought. An executor or administrator who qualifies inside that 12-month window restarts the clock on the date of qualification (section 16.062(b)).
The person being sued is out of Texas
Section 16.063, titled "Temporary Absence from State," provides that the absence from Texas of a person against whom a cause of action may be maintained suspends the running of limitations for the period of the absence. The section does not say more about how the absence is measured.
A suit filed in a court without jurisdiction
If a suit is dismissed because the first court lacked jurisdiction, section 16.064 suspends limitations for the time between the first filing and a second filing in a proper court, as long as the second suit is filed within 60 days after the dismissal becomes final. It does not apply if the other side shows the first filing was made with intentional disregard of proper jurisdiction.
Other chapter 16 rules
The sections above are the pauses and extensions in subchapters A and D of chapter 16 that bear on injury claims. The statute does not list ongoing medical treatment, an open insurance claim, or settlement talks among them. Other provisions in the same chapter set the edges of the rule:
- Weekends and holidays. A period ending on a Saturday, Sunday or holiday runs to the next day county offices are open (section 16.072).
- Acknowledging a barred claim. An acknowledgment that a claim that appears barred is just, made after the claim is due, is not admissible to defeat limitations unless it is in writing and signed by the party to be charged (section 16.065).
- Contract terms. A contract term that shortens the time to sue on that contract to less than two years is void, except in certain business sale contracts worth at least $500,000 (section 16.070). A contract term that makes notice of a claim a condition of suing on the contract is void if it requires notice within less than 90 days (section 16.071).
- Arbitration. A claim sent to arbitration is subject to the same limitations period as it would be in court, and filing suit on the claim tolls the period for arbitrating it (section 16.073).
- Counterclaims. A counterclaim or cross claim arising from the same transaction may be filed even if it would be barred on its own, if it is filed within 30 days after the date the party's answer is required (section 16.069).
How the deadline fits the rest of a claim
The two-year period runs while the insurance side of a claim is still open. Our guide to how a car accident claim works places the deadline in the order of steps, and the insurance claim deadlines page covers the separate timelines Texas sets for insurers on first-party claims. Records in a commercial truck claim can have retention periods far shorter than two years. A claimant's own share of fault can reduce or bar a recovery, as the shared fault guide explains, and the uninsured motorist guide covers claims on a person's own policy.
Common questions
Common questions
Does negotiating with an insurance company stop the two-year clock?
None of the chapter 16 sections that suspend limitations and that apply to an ordinary injury claim (16.001, 16.062, 16.063 and 16.064) mentions settlement talks or an open insurance claim. The two years in section 16.003 are counted from the day the claim accrues, not from the day talks end.
What happens if the last day falls on a weekend?
Section 16.072 extends the period to the next day the county offices are open for business when the last day falls on a Saturday, Sunday or holiday.
My child was hurt. When does the child's own deadline start?
Section 16.001 treats a person younger than 18 as under a legal disability. If the child was under 18 when the claim accrued, the time before the child turns 18 is not counted.
Is the deadline different if the person who caused the crash has died?
Section 16.062 suspends limitations for 12 months after the death of a person against whom a claim may be brought. If an executor or administrator qualifies sooner, the clock starts again at qualification.
For more Texas injury, insurance and dispute topics, see the settlements section or start from the DRS North Texas home page.
Sources
- Texas Civil Practice and Remedies Code section 16.003
- Texas Civil Practice and Remedies Code section 16.001
- Texas Civil Practice and Remedies Code sections 16.0031 and 16.0045
- Texas Civil Practice and Remedies Code sections 16.062 to 16.064
- Texas Civil Practice and Remedies Code sections 16.065 to 16.073
- Texas Civil Practice and Remedies Code section 71.004