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Texas Statute of Limitations: How Long to File an Injury Claim

The Texas statute of limitations for most personal injury lawsuits is two years (CPRC §16.003), as of October 2026. The exceptions, what pauses the count, the government notice rules in Houston and Harris County, and insurance deadlines, explained.

11 min readPublished September 18, 2026Last updated November 2, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas gives most personal injury lawsuits a two-year filing period: a suit must be brought "not later than two years after the day the cause of action accrues" (Civ. Prac. & Rem. Code §16.003(a)). A claim against a governmental unit adds a separate notice step, and a few kinds of claims have their own periods.

Kind of claimPeriodSource
Personal injury lawsuit (most)Two years after the day the cause of action accruesCPRC §16.003(a)
Injury resulting in deathTwo years; the claim accrues on the death of the injured personCPRC §16.003(b)
Health care liability claimTwo years from the breach or tort, or from completion of the treatment or hospitalization at issue (children under 12 have until their 14th birthday), and in all cases not later than 10 years after the act or omissionCPRC §74.251(a), (b)
Notice to a Texas governmental unitNot later than six months after the day of the incident; the notice rules do not apply if the unit has actual notice of the death, injury or property damageCPRC §101.101(a), (c)
Notice to the City of HoustonWritten notice, duly verified, to the mayor and city council within 90 days after the injury or damage is sustained (City Charter art. IX, §11)City of Houston, Filing a Claim

The Code also has rules that change how the period is counted, such as for a person who is a minor or of unsound mind when the claim arises (§16.001), and some claims carry a different period or an extra step, such as health care liability claims (§74.251) and claims against a Texas governmental unit, which is entitled to notice within six months (§101.101). The City of Houston's charter sets a 90-day notice period for claims against the city (City of Houston, Filing a Claim).

This guide provides general informational guidance and is not legal advice. It does not say which deadline applies to any particular injury or compute any date; an attorney can tell you which deadline applies to a specific situation.

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Key facts (as of November 2, 2026)

  • Two years for most personal injury suits. The period runs from the day the cause of action accrues (§16.003(a)).
  • Two years for a death claim. An action for injury resulting in death accrues on the death of the injured person (§16.003(b)).
  • Minors and unsound mind. Time during a legal disability that exists when the claim accrues is not counted (§16.001).
  • Weekends and holidays. A period whose last day falls on a Saturday, Sunday or holiday runs to the next day the county offices are open (§16.072).
  • Health care liability claims have their own rule, including a 10-year outer limit (§74.251).
  • Government claims add a notice step: six months under the Tort Claims Act (§101.101), 90 days under the City of Houston charter (City of Houston) and 180 days in Harris County's published procedure (Harris County).
  • A lawsuit deadline is not an insurance deadline. Insurance policies set their own reporting terms (TDI).

What is a statute of limitations?

A statute of limitations is a law that sets a time limit for starting a lawsuit. In Texas, the limitations periods for personal actions are in Chapter 16 of the Civil Practice and Remedies Code. The rule is about filing a case in court. It is not the same as a deadline for reporting a crash to the police, for giving notice to a government body, or for making an insurance claim.

In a lawsuit, limitations is raised by the other side. Texas Rule of Civil Procedure 94 lists "statute of limitations" among the matters a party must "set forth affirmatively" in its pleading (Tex. R. Civ. P. 94). How that plays out in a particular case is a question for an attorney.

What is the general two-year rule in Texas?

Section 16.003(a) lists several kinds of suits that must be brought not later than two years after the day the cause of action accrues: suits 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 (CPRC §16.003). Subsection (b) sets the same two-year period for an action for injury resulting in death.

Three points in the text matter for reading it:

  • The clock runs from when the cause of action "accrues." For a death claim, subsection (b) says that is the death of the injured person. For other personal injury claims, §16.003 does not itself define the day a claim accrues.
  • The section names its own exceptions. It applies "except as provided by" §§16.010, 16.0031 and 16.0045. Section 16.0031 deals with asbestos-related and silica-related injuries, and §16.0045 sets longer periods, of five or 30 years depending on the offense, for personal injury that arises from certain criminal conduct it lists (§16.0045).
  • Property damage is in the same list. Injury to the property of another, such as damage to a car in a crash, is among the suits §16.003(a) names.

Our CPRC §16.003 reference entry quotes the official text in full, and our entry on CPRC chapter 71 explains who may bring wrongful death and survival claims.

What can pause or extend the count?

The Code has several general rules that affect how a limitations period is counted:

  • A person younger than 18 or of unsound mind. Under §16.001, a person in either situation is under a legal disability. If the person entitled to sue is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period. A person may not tack one legal disability to another, and a disability that arises after a limitations period starts does not suspend the running of the period (§16.001). Our entry on §16.001 explains this section.
  • A death. The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death. If an executor or administrator of the estate qualifies before those 12 months end, the period begins to run again at the time of the qualification (§16.062).
  • Absence from Texas. The absence from Texas 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 absence (§16.063).
  • A case filed in a court without jurisdiction. If a case is dismissed because the first court lacked jurisdiction, the time between the first filing and a second filing of the same action in a different court suspends the period, provided the case is commenced in a court of proper jurisdiction not later than the 60th day after the dismissal becomes final. The section does not apply if the adverse party has shown in abatement that the first filing was made with intentional disregard of proper jurisdiction (§16.064).
  • A last day on a weekend or holiday. If the last day of a limitations period falls on a Saturday, Sunday or holiday, the period for filing suit is extended to include the next day that the county offices are open for business (§16.072).

Whether any of these rules applies, and how it changes a date, depends on the facts. An attorney can explain how they work in a specific case.

Which claims have a different period or an extra step?

Health care liability claims

Chapter 74 of the Code governs health care liability claims. Section 74.251(a) says such a claim must be filed within two years from the occurrence of the breach or tort, or from the date the medical or health care treatment that is the subject of the claim, or the hospitalization for which the claim is made, is completed, and that minors under the age of 12 have until their 14th birthday to file. Unlike the general rule, the section says it applies to all persons regardless of minority or other legal disability, except as it provides. Subsection (b) is a statute of repose: a claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to it (§74.251).

Chapter 74 also requires written notice of the claim, by certified mail, return receipt requested, to each physician or health care provider at least 60 days before a suit is filed, and says that notice given as the chapter provides tolls the applicable statute of limitations for 75 days following the notice (§74.051). Our entry on CPRC chapter 74 explains the notice and the expert report the chapter requires.

Claims against a Texas governmental unit

For a claim under the Texas Tort Claims Act, a governmental unit is entitled to receive notice of the claim not later than six months after the day the incident occurred. The notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident. A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved, and the notice requirements do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged (§101.101). Giving notice is a separate step from filing a lawsuit. Our Tort Claims Act reference entry explains the Act.

What notice rules apply in Houston and Harris County?

Two local procedures matter for a claim involving the City of Houston or Harris County:

  • City of Houston: 90 days. The City of Houston Legal Department publishes the city charter's notice rule, art. IX, §11. It says that before the city is liable for damages for personal injuries or for injury to or destruction of property, the person injured, the owner of the property, or someone on their behalf "shall give the mayor and city council notice in writing of such injury or destruction, duly verified, within 90 days after the same has been sustained." The charter lists what the notice must state, and says a failure to give it within the time and manner specified exempts the city from liability (City of Houston, Filing a Claim).
  • Harris County: 180 days in its published procedure. Harris County's Claim Filing Procedures, for claims against Harris County and the Harris County Flood Control District, say written notice of a claim "must be mailed or delivered in person within 180 days of the occurrence" to the Harris County Commissioners Court, 1001 Preston, Room 610, Houston, Texas 77002, Attn: Clerk of Commissioners Court, and that the county refers the claim to Harris County Risk Management (Harris County, Claim Filing Procedures).

These notice periods are shorter than the two-year filing period, and they run separately from it. Our guide to a crash with a City of Houston, Harris County or other government vehicle sets out each agency's steps, including METRO, school districts, state agencies and federal agencies. A lawsuit filed in a Harris County district court can be looked up through the District Clerk; see how to look up a case with the Harris County District Clerk.

Are insurance deadlines the same as the statute of limitations?

No. The statute of limitations does not set a deadline for reporting a crash to an insurance company. The Texas Department of Insurance tells drivers to tell their company about an accident as soon as possible and notes that "most companies have deadlines for filing claims" (TDI, Auto insurance guide). Those deadlines come from the policy, so the policy's own wording controls. Our guide to talking to the insurance adjuster explains the separate time limits the Insurance Code sets for an insurer to respond to a claim under a person's own policy.

Why do people often gather records early?

A filing deadline is an outer limit, not a schedule. Many people find it useful to start keeping records soon after an injury, because:

Writing down the date of the incident and keeping documents in one place are simple ways to keep track. Because the deadline that applies depends on the specific facts, many people confirm it with an attorney rather than assume the general rule applies.

When was this checked, and can it change?

The statutes, the court rule and the Houston and Harris County procedures cited here were last checked on November 2, 2026, against the official text each publishes. The Legislature can amend a statute in any session, and a city or county can change its procedure, so check the linked official text or ask an attorney before relying on any period stated here.

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About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently asked questions

What is the statute of limitations for a personal injury lawsuit in Texas?
Texas Civil Practice and Remedies Code §16.003(a) says 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 §§16.010, 16.0031 and 16.0045. Other parts of the Code add rules that change the count or set a different period for some claims. An attorney can say which deadline applies to a specific situation.
Is the deadline the same for a wrongful death claim in Texas?
Section 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 two-year period apply to a child who was hurt?
Under §16.001, a person younger than 18 is under a legal disability, and if the person entitled to sue is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period. Health care liability claims follow a different rule in §74.251, under which minors under 12 have until their 14th birthday to file.
What if the last day falls on a weekend or holiday?
Section 16.072 says that if the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday or holiday, the period for filing suit is extended to include the next day that the county offices are open for business.
Are claims against the City of Houston or Harris County different?
They add a notice step. The Texas Tort Claims Act generally entitles a governmental unit to notice of a claim not later than six months after the incident and ratifies a city's charter notice period (CPRC §101.101). The City of Houston's charter, as the City Legal Department publishes it, calls for verified written notice within 90 days, and Harris County's published claim procedure calls for written notice within 180 days of the occurrence. Notice is a separate step from filing a lawsuit.
Is the statute of limitations a deadline for an insurance claim?
No. Section 16.003 sets a time limit for filing a lawsuit. An insurance policy states its own terms for reporting a claim, and the Texas Department of Insurance says most companies have deadlines for filing claims.
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, do not compute any date and do not evaluate any claim. An attorney can advise you about your specific situation.

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