Every injury claim in Texas has an expiration date. File after it, and the strength of your case no longer matters — the court will dismiss it. The general rule is simple. The exceptions are where people get hurt twice.
The General Rule: Two Years
Under the Texas Civil Practice and Remedies Code, a lawsuit for personal injury or wrongful death must generally be filed within two years of the date the injury occurred. That applies to most car and truck crashes, slip and falls, dog bites, and workplace injuries against non-subscriber employers. For wrongful death, the two years typically run from the date of death rather than the date of the underlying injury.
Two years sounds generous. In practice it is not. A serious injury case needs time to gather medical records, identify every responsible party, locate witnesses, retain experts, and make a full settlement demand before suit is filed. Lawyers who receive a case with a few months left on the clock are forced to file first and investigate later.
The Exceptions That Shorten The Clock
Claims Against Government Entities
If the responsible party is a city, county, school district, transit authority or the State of Texas — a city bus, a METRO vehicle, a pothole the county ignored, a crash with a police cruiser — the Texas Tort Claims Act requires formal written notice of the claim, typically within six months of the incident. Some cities set shorter notice periods by charter; Houston’s is 90 days. Miss the notice deadline and the two-year limitations period becomes irrelevant, because the claim is barred before it begins.
Claims Involving Minors
When the injured person is under 18, the limitations period is generally paused until their 18th birthday. Parents can still bring claims for medical expenses sooner, and evidence does not wait, so these cases should still be investigated promptly.
Discovery Of The Injury
In a narrow set of cases — certain toxic exposures, for example — the clock does not start until the injury is discovered or reasonably should have been. Do not assume this rule applies to you. Courts construe it narrowly.
Claims On The Water And In Federal Court
Maritime injuries, offshore platform claims and cases under federal statutes carry their own limitations periods and procedural rules. Some are three years; some are shorter.
| Claim Type | Typical Deadline | Watch For |
|---|---|---|
| Car, truck, motorcycle crash | 2 years | Government-owned vehicles: 6-month notice or less |
| Premises liability / slip and fall | 2 years | Public property: Tort Claims Act notice |
| Wrongful death | 2 years from death | Survival claims may run from injury date |
| Non-subscriber workplace injury | 2 years | Employer reporting rules and arbitration clauses |
| Claims against a city, county or state | Notice in 6 months (often less) | Houston: 90 days by city charter |
The Deadlines Nobody Talks About
Limitations is the legal deadline. The practical deadlines arrive much sooner:
- Evidence preservation. Surveillance video at a store or intersection is often overwritten in days. Trucking companies are only required to keep some records for months. A preservation letter from a lawyer stops the clock on destruction — but only if it is sent in time.
- Your own policy. Most auto policies require “prompt” notice of a crash and of any uninsured motorist claim. Waiting can forfeit coverage you paid for.
- Medical gaps. Every week without treatment is a week the insurer will argue you were not hurt.
Tell us when and how you were hurt and we will tell you which deadlines apply. The consultation is free.
Key Takeaways
- Most Texas injury suits must be filed within two years of the injury.
- Claims against government entities require written notice within six months — in Houston, 90 days.
- Evidence disappears long before limitations runs. Contact a lawyer early, not late.
The Plummer Law Firm, PLLC
Articles are prepared by the firm’s legal team and reflect Texas law at the time of writing. They are general information, not legal advice about your case.
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