By Pacheco Couceiro
After a crash on Interstate 69E, a fall at a store in Brownsville, or another injury anywhere in the Rio Grande Valley, most people are focused on medical care, work and family. Texas law also sets a clock for when a lawsuit can be filed. That clock is called the statute of limitations. This guide explains the general two-year rule for personal injury claims in Texas, some situations in which a different deadline or a notice requirement may apply, and practical steps for keeping track of dates. Each rule described here comes from the Texas Civil Practice and Remedies Code or from TexasLawHelp.org.
Deadlines depend on the facts of each situation. Some can be shorter than two years and some can be longer. The reliable way to know which deadline applies to you is to talk with a lawyer as early as possible.
What a statute of limitations is
TexasLawHelp.org describes a statute of limitations as the time limit in which a lawsuit must be filed, and explains that if a lawsuit is not filed within that period, a person will likely not be able to pursue the claim in court (TexasLawHelp: Statutes of Limitations in Civil Lawsuits). In Texas, most of these civil deadlines are in Chapter 16 of the Civil Practice and Remedies Code.
The general rule: two years under §16.003
Section 16.003(a) says that, except as provided by certain other sections, 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 ch. 16). The same subsection applies the two-year period to other claims, such as trespass for injury to the property of another and conversion of personal property.
Section 16.003(b) adds that a suit for injury resulting in death must also be brought not later than two years after the day the cause of action accrues, and that this cause of action accrues on the death of the injured person.
Two words in the statute deserve attention:
- "Suit." The statute speaks of bringing a lawsuit. Calls, letters and insurance claims are separate steps; a lawyer can explain how they relate to the filing deadline.
- "Accrues." The two years run from the day the cause of action accrues. When that day falls can depend on the facts.
Situations where the deadline may be different
Section 16.003(a) applies "except as provided by" other sections, and the code contains several provisions that can change the time or add steps. The list below is not complete.
Minors and people of unsound mind
Under §16.001, a person is under a legal disability if the person is younger than 18 years of age or of unsound mind. If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in the limitations period. A disability that arises after the period starts does not suspend it.
Claims arising from certain criminal offenses
Section 16.0045 sets longer periods, 30 years or five years depending on the offense listed in the statute, for personal injury arising from conduct that violates specific sections of the Penal Code.
Health care liability claims
Claims against physicians and health care providers fall under Chapter 74 (Tex. Civ. Prac. & Rem. Code ch. 74). Section 74.251 says such a claim must be filed within two years from the occurrence of the breach or tort, or from the date the treatment or hospitalization at issue is completed, with a special rule for minors under 12 and a 10-year statute of repose. Section 74.051 also requires written notice by certified mail at least 60 days before a suit is filed, with the medical authorization form described in §74.052.
Claims against a government entity
When a city, county, school district or state agency may be involved, for example in a crash with a government vehicle, the Texas Tort Claims Act applies (Tex. Civ. Prac. & Rem. Code ch. 101). Under §101.101(a), a governmental unit is entitled to receive notice of a claim not later than six months after the day of the incident. The notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident. Section 101.101(b) also recognizes city charter and ordinance notice periods permitted by law. This notice deadline is far shorter than two years.
Other rules that can affect the count
Chapter 16 includes other provisions (Tex. Civ. Prac. & Rem. Code ch. 16):
- Death of a party (§16.062). A death suspends the running of the limitations period for 12 months, unless an executor or administrator qualifies earlier.
- Absence from Texas (§16.063). The absence from the state of a person against whom a claim may be brought suspends the period for the time of the absence.
- Wrong court (§16.064). If a case is dismissed for lack of jurisdiction and refiled in a proper court within 60 days after the dismissal becomes final, the time between filings may be excluded, subject to that section's conditions.
- Weekends and holidays (§16.072). If the last day falls on a Saturday, Sunday or holiday, the period extends to the next day county offices are open.
Whether any of these rules applies is a legal question that depends on the facts.
Practical steps to protect your timeline
Step 1: Write down the key dates
Record the date of the injury, the date of your first medical visit and the dates of later treatment. If a loved one died, note the date of death, because §16.003(b) ties a death claim to that date.
Step 2: Identify who may be involved
List the people, businesses and vehicles involved. Note whether a city, county, school district, public hospital or state agency may be involved, since the six-month notice rule in §101.101, or a city charter period, may apply.
Step 3: Keep your documents together
Keep medical records and bills, photos, repair estimates, insurance letters, claim numbers and any police or incident report in one folder. For crashes, our earlier article explains how to get a copy of your Texas crash report.
Step 4: Do not wait for the last month
Health care claims require notice at least 60 days before filing (§74.051), and government claims can require notice within six months. Starting early leaves room for those steps.
Step 5: Talk with a lawyer early
A lawyer can review the facts, identify which statute applies, and explain whether a shorter or longer period may apply. Bring your list of dates and your documents.
Frequently asked questions
Is the deadline always two years in Texas?
No. Section 16.003 sets a general two-year period, but the code includes exceptions and special rules, such as those for minors (§16.001), certain criminal conduct (§16.0045), health care claims (§74.251) and notice to government units (§101.101).
When does the two-year period start?
Two years after the day the cause of action accrues. For a death claim, §16.003(b) says it accrues on the death of the injured person. For other claims, ask a lawyer how the facts affect that date.
What if the injured person is a child?
Under §16.001, if the injured person is younger than 18 when the cause of action accrues, the time of that disability is not included in the limitations period for a personal action. Health care claims follow §74.251, which has its own rule for children under 12.
What if a government vehicle or property was involved?
Under §101.101(a), a governmental unit is entitled to notice of a claim not later than six months after the incident, and a city charter may set its own permitted period.
Does an insurance claim stop the clock?
The statute refers to bringing suit. Ask a lawyer how an insurance claim relates to your deadline well before it arrives.
What if the last day falls on a weekend?
Section 16.072 extends the period to the next day county offices are open for business.
Questions in the Rio Grande Valley
Pacheco Couceiro works with people in Brownsville and across South Texas on personal injury matters. If you or a family member were injured and have questions about which deadline may apply, you can contact our office to talk about your situation.
This article is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.