Texas Personal Injury Laws and Statutes of Limitations

Texas Personal Injury Statutes of Limitations

Texas has several statutes of limitations that apply to different kinds of personal injury cases. Here are the ones you're most likely to encounter.

The General Rule: Two Years From the Date You're Injured

Most Texas personal injury lawsuits fall under Tex. Civ. Pract. & Proc. Code § 16.003 (2024). It gives you two years, usually starting on the date you're injured, to file your case in court. Specifically, this is the rule for claims involving:

• car accidents
• slip-and-fall and similar injuries (a "premises liability" case)
• dangerous products (a "product liability" suit)
• dog bites
• injuries resulting from an assault and battery or false imprisonment, and
• injuries causing death (a "wrongful death" action).

Other Texas Personal Injury Statutes of Limitations

The general rule covers most, but not all, Texas personal injury cases. Here are a couple more oft-seen statutes of limitations.

Medical malpractice. Injured by a health care provider? You can file a Texas medical malpractice lawsuit within two years from the later of:

• the date of the malpractice, or
• the date the course of treatment that included the malpractice is complete.

When a young child is injured, a different deadline might apply.

(Tex. Civ. Pract. & Proc. Code § 74.251(a) (2024).)

Defamation of character. You'll need to act quickly if someone makes a false statement of fact about you that harms your reputation. In Texas, you have just one year, usually from the date the statement is first made, to sue for defamation. (Tex. Civ. Pract. & Proc. Code § 16.002(a) (2024).)

(Learn more about Texas defamation lawsuits, including how long you have to sue.)

Can the Personal Injury Statute of Limitations Deadline Be Extended in Texas?

Sometimes, yes. In a handful of situations, Texas law might extend the filing deadline, giving you more time to sue.

The discovery rule. In most personal injury cases, the statute of limitations starts running on the date you're injured. Because you usually know you're hurt as soon as it happens, this isn't a problem. But what happens if you don't realize right away that you've been injured? Your time to file a lawsuit might be ticking away even though you're not aware you have a legal claim. Clearly, that's not fair.

The "discovery rule" is meant to mitigate that unfairness. When you don't know you've been injured, and there's no way you could discover the injury even if you were being diligent to look for signs and symptoms, the statute of limitations clock doesn't run from the date you were hurt. Instead, it starts on the earlier of:

• the date you discover your injury and what caused it, or
• the date you should have discovered your injury and what caused it, had you been reasonably careful.

(See Schlumberger Technology Corp. v. Pasko, 544 S.W.3d 834, 834 (Tex. 2018).)

Note that the discovery rule doesn't apply in all cases. The Texas Supreme Court has said that the discovery rule, being an exception to the normal statute of limitations deadline, should rarely be used. (See Berry v. Berry, 646 S.W.3d 516, 524 (Tex. 2022).) Before you try to rely on the discovery rule for more time to file your case, speak to an experienced personal injury lawyer.

Finally, even if you're able to take advantage of the discovery rule, in some cases you'll need to contend with a second deadline, called a "statute of repose." This second deadline puts a limit on the time you have to discover your injury, and it can run out even if you never realize you've been hurt. For example, there's a 10 year statute of repose on medical malpractice lawsuits. The latest you can sue is 10 years from the date of the malpractice. (Tex. Civ. Pract. & Proc. Code § 74.251(b) (2024).)

Injured person is legally disabled. A person who's legally disabled can't manage their own legal affairs without the help of a parent or legal guardian. For purposes of its lawsuit filing deadlines, Texas law recognizes as disabled those who are:

• younger than 18 years old, or
• of "unsound mind."

Under Tex. Civ. Pract. & Proc. Code § 16.001 (2024), when someone who's legally disabled suffers a personal injury, the statute of limitations doesn't start running until the disability ends. For this extension to apply, the disability must predate the injury.

Defendant is absent from Texas. When the defendant (the party you're suing) is absent from Texas, and when their absence prevents you from starting a lawsuit against them, the period that they're out of state doesn't count toward the statute of limitations. (Tex. Civ. Pract. & Proc. Code § 16.063 (2024).)

Ask your lawyer if you'll be able to get "service of process" on the absent defendant. If you can, then you probably can't use this extension. (See Ashley v. Hawkins, 275 S.W.3d 175, 179 (Tex. 2009).)

What Happens If I Miss the Filing Deadline?

Should you miss the lawsuit filing deadline—and there's no extension giving you more time—then your legal claim is dead. As far as Texas is concerned, you have no legal claim. Try to file a lawsuit and it will be dismissed as untimely. The court might even sanction (penalize) you for filing a frivolous case.

Don't take unnecessary chances. If you're not absolutely certain about the deadline to file your lawsuit, contact a Texas personal injury lawyer right away.