How Long Do I Have To File A Personal Injury Claim In Texas?
In Texas, you generally have 2 years to file a personal injury lawsuit, starting from the day your claim “accrues” (often the day you were injured). If you miss the deadline, your case can be dismissed—even if liability is obvious and your injuries are severe.
Critical exception: If your case involves a government entity (city, county, certain public entities), Texas law generally requires notice within 6 months of the incident—and local rules can tighten the process.
📞 Rad Law Firm (Dallas–Fort Worth): 972-661-1111
The “Deadline Map” (Save This)
Here are the timelines people most often need in Texas injury cases:
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Most personal injury cases: 2 years from accrual (often the injury date).
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Wrongful death: 2 years, and the claim accrues on the date of death.
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Government-related cases: notice commonly due within 6 months (plus local notice rules).
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Minors / legal disability: the deadline can be affected because Texas recognizes “legal disability” (under 18 / unsound mind).
If you’re unsure which category you fall into, don’t guess—deadlines are where valid cases go to die.
“Personal Injury Claim” vs. “Personal Injury Lawsuit” (The Trap)
Most people search: “How long do I have to file a claim?”
What the law cares about is: “How long do I have to file suit?”
Here’s the difference:
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Insurance claim: an administrative process with an adjuster (can drag out forever)
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Lawsuit: formal court filing that must happen before limitations expires
Insurance negotiations do not stop the statute. If an adjuster is “still reviewing,” your deadline still moves.
The General Rule in Texas: 2 Years
Texas sets a two-year limitations period for many personal injury actions.
Common Texas cases that usually fall under the 2-year rule:
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Car wrecks (rear-end, T-bone, multi-vehicle crashes)
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Truck / delivery vehicle crashes
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Motorcycle collisions
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Pedestrian and bicycle injuries
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Slip and fall / unsafe property
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Negligent security / assault cases tied to property failures (case-specific)
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Dog bites and animal attacks (case-specific)
Reality: The more time passes, the harder it gets to prove the case at full value—because evidence doesn’t wait.
When Does the Clock Start?
Texas law uses “accrual” language. In many injury cases, accrual is effectively:
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The date the incident happened, or
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The date the injury legally becomes actionable (fact-dependent)
Examples (plain-English)
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Car accident on March 1, 2026: the clock often starts March 1, 2026
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Slip and fall at a store: the clock often starts the date you fell
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Wrongful death: the clock starts on the date of death
Because accrual can get technical, the safest approach is this:
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Treat the incident date as the start date unless counsel confirms otherwise.
The Exception That Blindsides People: Government Claims (Often 6 Months)
If your injury involves a government unit, Texas law generally requires notice not later than 6 months after the incident.
The notice typically must describe (in substance):
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The injury/damages
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The time and place
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What happened
Local rules matter
Texas law explicitly recognizes city charter/ordinance notice provisions (within permitted law).
Examples where government issues can pop up:
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Crash involving a city or county vehicle
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Injury on public property (certain facilities, sidewalks, public buildings)
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Incidents tied to public operations or maintenance
If there’s even a 10% chance a government unit is involved, the correct move is fast legal triage—immediately.
Minors and “Legal Disability” Can Affect the Deadline
Texas law defines “legal disability” to include:
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Being younger than 18
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Being of unsound mind
This can affect how limitations is calculated in certain cases. These are not DIY timelines—get it analyzed correctly before you rely on it.
Why Acting Early Wins (Even When You “Have Time”)
Even if your case has a 2-year filing deadline, waiting is a value killer.
What disappears first:
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Surveillance video (often overwritten)
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Witnesses (move, forget, stop cooperating)
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Scene conditions (hazards fixed, signage changes)
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Vehicle data / device data (preservation issues)
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Medical narrative clarity (gaps become “pre-existing” arguments)
What gets harder over time:
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Connecting injury progression to the incident
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Proving pain and limitations with clean documentation
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Fighting comparative-fault arguments
What To Do Now (Step-by-Step Checklist)
Use this as a real-world playbook.
Step 1 — Get medical documentation started
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ER/urgent care if needed
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Follow-up appointments
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Specialist referrals if symptoms persist
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Keep a simple symptom log (daily, short)
Step 2 — Preserve evidence immediately
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Photos/video of:
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The scene (wide + close)
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Hazards (spills, uneven flooring, missing signage)
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Vehicle damage (all angles)
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Visible injuries (repeat over several days)
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Witness list
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Names, numbers, short notes on what they saw
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Reports
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Police report number (crashes)
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Incident report (stores/apartments/hotels)
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Step 3 — Control the insurance conversation
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Do not give a “friendly” recorded statement
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Do not agree to broad medical authorizations
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Do not minimize injuries (“I’m fine”)
Step 4 — Identify all potentially liable parties
This is where value lives. Examples:
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Driver + employer
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Property owner + management company
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Security contractor
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Maintenance vendor
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Product manufacturer (case-specific)
Step 5 — Confirm your real deadline and any notice requirements
This is non-negotiable if you want the case protected.
📞 Rad Law Firm: 972-661-1111
Texas Deadline FAQ
How long do I have to file a personal injury lawsuit in Texas?
Typically 2 years from when the claim accrues.
How long do I have to file a wrongful death lawsuit in Texas?
Generally 2 years, and accrual is on the date of death.
If I start an insurance claim, does that stop the deadline?
No. Limitations is about filing suit on time.
What if a city, county, or government unit is involved?
You may need to provide notice within 6 months, plus comply with local notice rules.
What must the government notice include?
It must reasonably describe the injury/damage, time/place, and incident.
What if the injured person is a minor?
Texas recognizes minors as under a “legal disability,” which can affect limitations calculations.
What if I didn’t feel hurt until days later?
Deadlines can still run quickly, and evidence issues start immediately—get evaluated and protect the claim early.
Can the deadline be different depending on the case type?
Yes. Some claim types have specialized rules and should be evaluated on the facts (especially anything involving government units).
Talk to Rad Law Firm Before Time (or a Notice Rule) Kills the Case
A strong injury case can still get wiped out by:
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a missed filing deadline, or
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a missed government notice requirement.
📞 Call Rad Law Firm: 972-661-1111
Tell us:
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Date of incident
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City/county location
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Who was involved
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Where you were treated
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Any insurance communications so far
We’ll help you lock down deadlines and the next move fast.