How long do I have to file an injury claim in Texas?

Texas sets a two-year limitations period for most personal injury claims, running from the date of the injury. Miss it and the claim is generally barred no matter how strong it was.

Two years sounds like plenty. In practice it is not, and the reason is that very little of that time is actually available to you.

Where the two years actually goes

A serious injury often means six months or more of treatment before anyone knows what the case is worth. Records have to be requested from every provider, and they arrive slowly. A demand package takes weeks to assemble, and the insurer takes weeks more to respond to it. If negotiation fails, suit has to be drafted and filed before the deadline, not on it.

Work backwards and a two-year window is often a nine-month window in which decisions actually get made.

The exceptions that catch people out

1. Claims against a governmental unit

   If a city, county, transit authority or state agency is involved, formal written notice can be required within months rather than years. Some cities set their own shorter notice periods by charter. A crash with a municipal vehicle is the common example.

2. Claims involving a minor

   Limitations periods work differently for children, and the timing can be counterintuitive for a parent trying to work out whether they have missed something.

3. Health care liability claims

   Medical claims carry their own notice requirements and expert report deadlines that operate independently of the general two-year rule.

4. Wrongful death and survival claims

   These have their own rules about when the clock starts and who is entitled to bring them.

What to do if you are unsure

Do not try to calculate it yourself from a blog post, including this one. The date an injury occurred is not always the date the clock started, and the difference between a claim that is alive and one that is barred is frequently a single detail about who the defendant is.

If you think a deadline may be close, that is a reason to call rather than to read. It takes a few minutes to establish which rule applies to your situation.

This article is general information about Texas law, not legal advice about your situation. Deadlines depend on the specific facts, including who the defendant is and when the injury was discovered.