Statute of Limitations Countdown

The statute of limitations in Texas gives most injury victims two years from the date of the crash to file a lawsuit. Miss that deadline and the court will dismiss your case under Tex. Civ. Prac. & Rem. Code §16.003, no matter how strong it is. That two-year rule covers personal injury and property damage claims alike.

But two years is not the answer in every case. Wrongful death runs two years from the date of death, not the crash — and the estate’s window to step in is far shorter. If a city, county, or state entity was involved, you may have as little as 90 days to file written notice. If the injured person is a minor, the clock may not start for years.

Use the calculator below for a starting estimate. Then read the sections underneath it — if a death, a government vehicle, or a minor is involved, the calculator’s answer is not your real deadline. Call us before relying on any tool, including this one.

Texas personal injury statute of limitations — 2 years from the incident

Under Tex. Civ. Prac. & Rem. Code §16.003, any person injured in a car accident, slip and fall, or other negligence incident has two years from the date of injury to file a lawsuit in Texas. That clock starts the day the incident occurs — not the day you hired a lawyer, not the day you finished treatment. Once two years pass, Texas courts will dismiss the case regardless of liability or damages.

Wrongful death statute of limitations in Texas — 2 years from the date of death

If someone died as a result of another party’s negligence, the family has two years to file a wrongful death claim under Tex. Civ. Prac. & Rem. Code §16.003(b). The deadline runs from the date of death, which may be days, weeks, or months after the original crash. Only the surviving spouse, children, and parents may bring the claim — siblings and grandparents cannot.

There is a second, much shorter deadline most families never hear about. Under Tex. Civ. Prac. & Rem. Code §71.004(c), if none of those family members has started the case within three calendar months of the death, the executor or administrator of the estate must bring it — unless every eligible family member asks them not to. That is three months, not two years. If your family is still deciding at the 90-day mark, the decision may no longer be entirely yours.

Government entities — notice can be due in as little as 90 days

If your accident involved a city vehicle, county employee, TxDOT truck, or any other government entity, the rules change completely. Under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §101.101), you must give the entity formal written notice of your claim. The statewide default is six months from the incident.

Do not assume you have six months. Section 101.101(b) lets a Texas city set a shorter notice period through its charter or ordinances, and many have. Houston requires notice in 90 days under Article IX, Section 11 of its city charter. San Antonio also operates on a 90-day notice period. State law sets a floor of 30 days, so a city can go as low as that.

Miss the notice deadline and your claim is barred — even though the two-year lawsuit deadline has not come close to passing. This is the most commonly missed deadline in Texas personal injury law, and the one that ends the most valid cases. If a government entity was involved in your crash, treat the deadline as 90 days and call an attorney the same week.

What if the injured person is a minor?

Texas law tolls — pauses — the statute of limitations for minors. If the injured person was under 18 at the time of the accident, the two-year clock generally does not start until they turn 18. That means a minor injured at age 10 would have until age 20 to file. However, this rule has exceptions and does not apply to claims against government entities. Always consult an attorney before assuming a minor’s deadline has been extended.

What happens if you miss the Texas filing deadline?

If you file after the statute of limitations has expired, the defendant will file a motion to dismiss and the court will grant it. It does not matter how serious your injuries were, how clear the other driver’s fault was, or how much your case is worth. The deadline is absolute. In rare cases — fraud, discovery of hidden injuries, or incapacity — exceptions may apply, but these are difficult to win and should never be relied upon as a backup plan.

Can the statute of limitations be extended in Texas?

In limited circumstances, yes. Texas recognizes the discovery rule, which delays the clock when an injury was not reasonably discoverable at the time of the incident. Fraud or concealment by the defendant can also toll the deadline. For minors and people declared legally incapacitated, the clock pauses until capacity is restored. These exceptions are narrow and fact-specific — if you think one might apply to your case, call an attorney immediately rather than waiting to find out.