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The Texas Statute of Limitations: How Long Do You Have to File an Injury Claim?

Jack Willis September 3, 2026 3 minutes read

If you’ve been injured in an accident in Texas, knowing how much time you have to take legal action is critical. Texas law sets strict deadlines, known as the statute of limitations, that determine how long an injured person has to file a lawsuit seeking compensation. Missing this deadline can mean losing your right to seek damages entirely, no matter how strong your case might be. Understanding these timelines — and the exceptions that can affect them — helps you protect your rights and make informed decisions about your claim.

How Long Do You Have to File in Texas?

In most personal injury cases, Texas law gives you two years from the date of the accident to file a lawsuit under Texas Civil Practice and Remedies Code Section 16.003. This applies to a wide range of claims, including car accidents, slip-and-falls, and other injury cases. Once those two years pass, the court will almost certainly refuse to hear your case, regardless of how clear the other party’s fault may be.

There are some exceptions that can extend or complicate this deadline. For example, if the injury wasn’t discovered right away, Texas’ discovery rule may allow the clock to start when the injury was found rather than when it occurred. Claims involving minors are also treated differently: the two-year period generally doesn’t begin until the child turns 18. If your claim involves a government entity, such as a city vehicle or public property, the timeline is much shorter, and you may need to file a formal notice within as little as six months. Wrongful death claims also follow a two-year rule, but the clock starts on the date of death rather than the date of the underlying accident.

Even though two years may sound like plenty of time, building a strong injury claim takes time. Evidence can disappear, witnesses’ memories fade, and insurance companies often use delay as a strategy to weaken your position. The sooner you start gathering documentation, medical records, and witness statements, the stronger your case will be when it’s time to file.

This is especially true in pedestrian cases, where a pedestrian accident lawyer in Arlington, TX can move quickly to preserve crash-scene evidence and witness accounts.

Conclusion

Texas’s statute of limitations is unforgiving, and waiting too long to act can cost you your right to compensation altogether. If you’ve been injured, don’t leave your claim to chance — understanding your deadline and acting early gives you the best chance of a fair outcome. Speaking with an experienced attorney as soon as possible can help ensure your claim is filed correctly and on time, protecting both your health and your legal rights.

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