Texas Civil Practice and Remedies Code section 16.003 requires most personal injury lawsuits to be filed within two years after the claim accrues, and wrongful death suits within two years after the death. Missing it usually ends the claim. Claims against government entities have earlier notice deadlines. Owsley Law Firm reviews deadlines free and charges no fee unless we win.
The two-year deadline is the most important date in a Texas injury case. Insurers know it. Negotiations that drag on can quietly run out the clock, and a claim that is not filed in time is usually lost no matter how strong it is.
This page explains how section 16.003 works for injury and death claims, when the clock starts, and the separate deadlines that can arrive much sooner.
How long do I have to sue after a car accident in Texas?
Generally two years from the date the claim accrues, which for a car crash injury is usually the date of the crash.
The deadline is measured in days, not seasons. A crash on March 1 generally means a lawsuit must be on file by March 1 two years later, with rules for weekends and holidays. Because treatment, records, and negotiation can take many months, most strong cases are prepared well in advance so the filing date never becomes an emergency.
Section 16.003(a) covers personal injury and property damage claims. A lawsuit must be filed, not just a claim with an insurer, before the deadline. Talking to an adjuster does not stop the clock.
When does the deadline start for a wrongful death claim?
On the date of death. Section 16.003(b) gives two years from the death to file.
If the injured person died days or weeks after the crash, the wrongful death deadline runs from the death. A survival claim for the person’s own injuries generally follows the personal injury deadline.
Are there shorter deadlines I should know about?
Yes. Claims against government entities require written notice within six months under the Tort Claims Act, and some city charters require notice within 90 days.
Insurance policies also have their own notice requirements for uninsured motorist and PIP claims. These deadlines can arrive long before the two-year limit.
- Government entity notice: six months under section 101.101
- Houston and San Antonio charters: notice within 90 days
- Your own policy’s prompt notice requirements
- PIP proof of loss periods set by the policy
Can the two-year deadline ever be extended?
In limited situations. Section 16.003 itself points to exceptions in other sections, and other rules can pause the clock in specific circumstances.
Exceptions are narrow and fact-specific. The safest approach is to treat the two-year date as fixed and act well before it.
Does the deadline differ for minors?
Texas generally pauses limitations while a person is under 18, but a parent’s claim for a child’s medical expenses can follow different timing.
Under Texas law, a person under a legal disability, including being under 18, generally has the limitations period paused until the disability ends. That can extend a child’s own injury claim. A parent’s separate claim for the child’s medical bills does not necessarily get the same pause.
Because the rules differ by claim and situation, families should not wait on a child’s case. Evidence fades and witnesses move even when the deadline is longer.
What should you do to protect the deadline?
Write down the crash date, report government involvement early, and talk to a lawyer well before two years pass.
Building a case takes time: records, medical treatment, and coverage review. Starting early leaves room to negotiate and, if needed, file before the deadline.
How it is proven after a crash
- The crash date from the police report
- Date of death for wrongful death claims
- Records of notice sent to government entities
- Insurance claim notice dates
Mistakes that cost people money
- Assuming an open insurance claim stops the deadline
- Missing a six-month or 90-day government notice
- Waiting until treatment ends to talk to a lawyer
- Relying on an adjuster’s statement about deadlines
Frequently asked questions
Does filing an insurance claim stop the two-year deadline?
No. Only filing a lawsuit protects the claim under section 16.003.
Is the deadline the same for property damage?
Generally yes, two years under section 16.003(a).
What if I was hit by a city vehicle?
You must give notice within six months under section 101.101, or sooner if a city charter requires it.
When does the clock start for wrongful death?
On the date of death, under section 16.003(b).
Can I still settle after two years?
Without a timely lawsuit, insurers have little reason to pay. File before the deadline.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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