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Texas Civil Practice and Remedies Code §16.003: the two-year personal injury filing deadline

The official text of the Texas statute that sets a two-year period for filing most personal injury lawsuits, a plain-language explanation, and the exceptions the Code itself states. Text last checked October 27, 2026.

5 min readPublished October 27, 2026Last updated October 27, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Civil Practice and Remedies Code §16.003 says a person must bring suit for personal injury "not later than two years after the day the cause of action accrues," and sets the same two-year period for an action for injury resulting in death (CPRC §16.003). The Code states exceptions, including for a person who is younger than 18 or of unsound mind when the cause of action accrues (§16.001) and for the time a person who can be sued is absent from Texas (§16.063). An attorney can tell you which deadline applies to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

  • Two years for personal injury. Suit must be brought not later than two years after the day the cause of action accrues (§16.003(a)).
  • Two years for a death. The same period applies to an action for injury resulting in death, which accrues on the death of the injured person (§16.003(b)).
  • Minors and unsound mind. The time of a legal disability that exists when the cause of action accrues is not included in a limitations period (§16.001(b)).
  • Absence from Texas. The absence from Texas of a person against whom a cause of action may be maintained suspends the running of the limitations period for the period of the absence (§16.063).
  • Government claims add a notice rule. A Texas governmental unit is entitled to notice of a claim under the Tort Claims Act not later than six months after the incident (§101.101(a)).
  • Last amended in 2005. The history line for §16.003 lists Acts 2005, 79th Leg., ch. 97 (S.B. 15) as its most recent amendment.

What does §16.003 say?

The official text of Tex. Civ. Prac. & Rem. Code §16.003, as published by the Texas Legislature:

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.

(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

Source: Tex. Civ. Prac. & Rem. Code §16.003, statutes.capitol.texas.gov. Text last checked October 27, 2026.

What does it mean in plain language?

  • "Bring suit" means filing a lawsuit. The section sets a time limit for starting a case in court. It does not set a deadline for an insurance claim; an insurance policy states its own terms.
  • The clock counts from when the cause of action "accrues." For a death claim, subsection (b) says that is the day of the death. For other personal injury claims, §16.003 does not itself define the day a cause of action accrues.
  • The same subsection covers some property claims. Besides personal injury, subsection (a) lists suits for trespass for injury to the estate or to the property of another, conversion of personal property, and taking or detaining the personal property of another.
  • It names its own exceptions. Subsection (a) applies "except as provided by" three sections: §16.010 (misappropriation of trade secrets), §16.0031 (when an asbestos-related or silica-related injury claim accrues) and §16.0045 (longer periods for personal injury arising from certain criminal offenses listed in that section).

What other rules in the Code change the count?

A person younger than 18 or of unsound mind

The official text of §16.001(a), (b) and (d):

(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, regardless of whether the person is married; or (2) of unsound mind.

(b) 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 a limitations period.

(d) A disability that arises after a limitations period starts does not suspend the running of the period.

Source: Tex. Civ. Prac. & Rem. Code §16.001. In plain language: when the injured person is a minor or of unsound mind at the time the claim arises, that time is not counted. A disability that begins later does not pause a period that has already started, and §16.001(c) says one legal disability may not be tacked onto another to extend a period.

A person who is absent from Texas

The official text of §16.063:

Sec. 16.063. TEMPORARY ABSENCE FROM STATE. The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence.

Source: Tex. Civ. Prac. & Rem. Code §16.063.

A claim against a Texas governmental unit

A claim under the Texas Tort Claims Act carries a separate notice requirement: the governmental unit is entitled to notice not later than six months after the day of the incident, and a city's charter can set its own period (§101.101). Giving that notice is a separate step from filing a lawsuit. The Tort Claims Act entry quotes the text.

When was this checked, and can it change?

The text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session. It convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

What is the Texas statute of limitations for a personal injury lawsuit?
Under Tex. Civ. Prac. & Rem. Code §16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues, except as provided by the sections it names. Other parts of the Code, such as §16.001, can change how the period is counted.
Does the two-year period apply to a claim for a death?
Yes. §16.003(b) says a person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death, and that the cause of action accrues on the death of the injured person.
Does the period run while the injured person is a minor?
Under §16.001, a person younger than 18 is under a legal disability. 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 a limitations period.
Can InjuryClaimGuide tell me the deadline for my situation?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation and do not evaluate any claim. An attorney can advise you about your specific situation.

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