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Texas Civil Procedure Code

Texas Statute of Limitations

Essential deadlines to file lawsuits in Texas. Learn how Tex. Civ. Prac. & Rem. Code § 16.003 dictates your filing timeframe and how fault rules impact your financial recovery.

Personal Injury
2 Years
Tex. Civ. Prac. & Rem. Code § 16.003
Written Contracts
4 Years
Tex. Civ. Prac. & Rem. Code § 16.004
Property Damage
2 Years
Vehicle / Real Estate
Fault Doctrine
Modified Comparative (51% Bar)
$30,000 / $60,000 / $25,000 (30/60/25)
Statutory Authority

What Is the Deadline to Sue for Personal Injury in Texas?

The Quick Answer: In Texas, injured individuals have exactly 2 years from the date of the incident to initiate a civil lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. Failing to file your summons and complaint before this deadline permanently bars you from pursuing compensation in Texas District Court / County Court at Law, regardless of how severe your damages or liability are.

The Texas Discovery Rule & Exceptions

Applies exclusively to inherently undiscoverable injuries where the objective nature of the injury is verified by competent clinical records.

Government Entity Claims

If the at-fault party is a state, city, or county department (such as a city bus or public road defect), special administrative claim statutes apply, often requiring written notice in as little as 6 months.

Minor Tolling

If the injured person was a minor under age 18 at the time of injury, the statutory clock is generally tolled until their 18th birthday in Texas.

Settlement Estimator

Average Texas Bodily Injury Settlement Range

Typical pain and suffering multipliers in Texas range from 1.5x to 4.5x special economic damages. Historical average settlements fall between $32,000 – $165,000+.

Calculate Settlement Value
Worked Legal & Settlement Scenario

Texas Filing Deadline & Fault Calculation Example

An oilfield contractor in Midland County is injured in a highway truck collision on November 20, 2024, incurring $80,000 in surgical expenses and $35,000 in lost wages ($115,000 economic special damages). A 2.5x multiplier establishes $287,500 in pain and suffering, producing a $402,500 gross claim demand. The jury determines the plaintiff was 20% comparatively negligent.

Statutory Deadline: Under Tex. Civ. Prac. & Rem. Code § 16.003, the personal injury lawsuit must be formally filed in Texas District Court or County Court at Law within 2 years (by November 20, 2026). Under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.101), notice of claim against governmental units must be given within 6 months (or shorter municipal charter periods, e.g. 90 days in Houston or Dallas).
Financial Math: Gross Claim: $402,500. Plaintiff Fault: 20% (proportionate responsibility under 51% bar). Fault Deduction: $402,500 * 0.20 = $80,500. Recoverable Sum: $402,500 - $80,500 = $322,000. Attorney fee (33.3%): $107,226. Medical lien repayment: $80,000.
Net Outcome: Under Texas Proportionate Responsibility (51% Bar / Tex. Civ. Prac. & Rem. Code § 33.001), the plaintiff recovers $322,000 gross ($134,774 net cash). If plaintiff liability is greater than 50%, all compensation is legally barred.

4 Steps to Preserve a Claim Before Deadlines Expire in Texas

  1. Record the Incident Date: Identify the exact date the cause of action accrued or when the physical injury was clinically diagnosed.
  2. Check Defendant Identity: Determine whether any defendant is a public or municipal entity, as administrative tort claim windows are often as short as 6 months.
  3. Gather Clinical & Wage Proof: Collect hospital records, physical therapy notes, and employment wage verification before the statutory expiration date.
  4. File Before the Statutory Cutoff: Formal civil complaints must be filed with Texas District Court / County Court at Law prior to the 2-year limitation deadline.
Informational Disclaimer & Privacy Note

Statutory deadlines and comparative fault rules vary based on specific case circumstances, contractual agreements, and judicial precedents. This directory is provided for informational and educational purposes only and does not constitute formal legal advice. All calculations and directory navigation execute client-side in your local browser runtime with zero transmission or storage of personal case data.

Frequently Asked Questions

What is the statute of limitations for personal injury in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, lawsuits for personal injury must be brought within 2 years from the date the cause of action accrues in Texas District Court or County Court at Law.

Can I recover damages in Texas if I was partially at fault for an accident?

Texas applies the proportionate responsibility 51% bar rule (Tex. Civ. Prac. & Rem. Code § 33.001). You may recover damages if your percentage of responsibility is 50% or less, with recovery reduced by your fault percentage. If 51% or more at fault, recovery is completely barred.

Compare Other State Statutes of Limitations