Statute of Limitations
Definition: The statute of limitations is the legal deadline for filing a lawsuit. For Texas personal injury and wrongful death claims, CPRC § 16.003 sets it at two years from the injury or death, with narrow exceptions for minors, incapacity, and government defendants.
Also called: limitations period, filing deadline
What the statute of limitations means in Texas
The statute of limitations is the hard deadline for filing a lawsuit. Miss it and the claim is dead, no matter how strong the facts. For personal injury, CPRC § 16.003(a) gives you two years from the day the injury occurs. For wrongful death, § 16.003(b) runs two years from the date of death, not the date of the underlying accident.
Filing means filing. A pending insurance claim, an open negotiation, or a promise from an adjuster does not stop the clock. Only an original petition filed with the court clerk, followed by diligent service on the defendant, preserves the claim.
How it works in practice
A few rules extend the period. Under CPRC § 16.001, the clock does not run while the injured person is under 18 or of unsound mind. The discovery rule delays the start date in narrow cases where the injury was inherently undiscoverable, which rarely applies to a car crash.
Other rules shorten it. A claim against the State of Texas, a county, a city, or a school district requires written notice under the Texas Tort Claims Act within six months of the incident, CPRC § 101.101, and cities may impose shorter periods by charter. The City of Austin requires notice within 45 days. Health care liability claims have their own two-year rule in CPRC § 74.251 with a 60-day pre-suit notice requirement.
Why it matters in your case
Insurers know the deadline better than claimants do. A common pattern is slow, polite negotiation that drags past the two-year mark, after which the offer drops to zero. We calendar limitations on the day a file opens and treat any government defendant as a 45-day emergency. The Travis County district clerk accepts electronic filing, so a petition can be on file the same day a negotiation breaks down.
Frequently asked questions
Does the two-year deadline start when I was hurt or when I found out I was hurt?
Almost always when you were hurt. Texas applies the discovery rule only where the injury is inherently undiscoverable and objectively verifiable, which is rare in accident cases. If you were in a crash on March 1, the deadline is March 1 two years later, even if symptoms took weeks to develop.
Is the statute of limitations different for a child injured in Texas?
Yes. Under CPRC § 16.001, limitations does not begin to run until the child turns 18, so a minor generally has until age 20 to file a personal injury suit. A parent's claim for the child's medical expenses, however, belongs to the parent and is subject to the ordinary two-year period.
What if the other driver was a City of Austin employee?
The deadlines get much shorter. The Texas Tort Claims Act requires written notice to the governmental unit within six months, and the Austin City Charter requires notice within 45 days of the incident. Without timely notice the claim is barred regardless of the two-year statute of limitations.
Cite or link to this definition
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Citation
"Statute of Limitations." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/statute-of-limitations/. Updated October 2026.Link HTML
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This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.