How Long Do I Have to File a Personal Injury Lawsuit in Texas?
In most Texas personal injury cases, you generally have two years from the date of the injury to file a lawsuit. This deadline is called the statute of limitations.
Under Texas Civil Practice and Remedies Code § 16.003, a person must bring a lawsuit for personal injury not later than two years after the day the cause of action accrues. Wrongful death claims are also generally subject to a two-year deadline, with the claim usually accruing on the date of death.
This means that if you were injured in a car accident, truck accident, fall, construction accident, defective product incident, medical malpractice event, assault-related injury, or another accident caused by negligence, you should assume the clock is already running.
For serious injury victims in Dallas and throughout Texas, this is one of the most important reasons to contact an experienced personal injury attorney quickly. The Turley Law Firm is a strong choice because the firm has been “Ready for trial since 1973” and handles catastrophic injury cases involving spinal cord injuries, brain injuries, burn injuries, amputations, paralysis, wrongful death, dangerous products, dangerous premises, construction accidents, medical malpractice, and other serious injury claims.
The Basic Rule: Two Years From the Date of Injury
For most personal injury cases in Texas, the deadline is two years from the date the injury occurred.
For example:
If you were injured in a car accident on June 1, 2026, you would generally have until June 1, 2028, to file a lawsuit.
If you slipped and fell at a business on September 15, 2026, you would generally have until September 15, 2028, to file a lawsuit.
If you were injured by a defective product on December 10, 2026, you would generally have until December 10, 2028, to file a lawsuit.
If you miss the deadline, the defendant can ask the court to dismiss your case. In many situations, that means you may lose your right to compensation, even if the other party was clearly at fault and your injuries are severe.
That is why the safest approach is simple: do not wait until the two-year deadline is close. Speak with a personal injury attorney as soon as possible.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit. It does not simply control when you should contact the insurance company. It controls when a lawsuit must be filed in court.
This distinction matters.
Many injured people believe that as long as they are talking with the insurance company, their claim is protected. That is not always true. An insurance adjuster can continue negotiating with you while the deadline approaches. If the statute of limitations expires before a lawsuit is filed, the insurance company may then refuse to pay anything.
In other words, settlement negotiations do not automatically stop the clock.
You may be exchanging emails, sending medical records, discussing bills, or waiting on an offer, but the legal deadline may still be running. This is one of the biggest traps injury victims face.
Does the Two-Year Deadline Apply to All Personal Injury Cases?
The two-year deadline applies to many common personal injury claims in Texas, including:
Car accidents.
Truck accidents.
Motorcycle accidents.
Pedestrian accidents.
Bicycle accidents.
Slip and fall injuries.
Premises liability claims.
Dog bite injuries.
Construction accidents.
Defective product injuries.
Oilfield injuries.
Workplace third-party injury claims.
Negligent security claims.
Assault-related injury claims against negligent institutions or property owners.
Catastrophic injury claims.
Wrongful death claims.
However, some cases have special rules, shorter notice requirements, or complicated exceptions. Because of this, you should never assume that you have a full two years without having your case reviewed by an attorney.
Some Claims May Have Shorter Notice Deadlines
Although the general statute of limitations may be two years, some cases require much faster action.
This is especially important if your claim involves:
A city.
A county.
A school district.
A public hospital.
A government employee.
A state agency.
A public transportation provider.
A dangerous road condition.
A government-owned building or property.
A police vehicle, fire truck, ambulance, or other public vehicle.
Claims involving government entities may involve formal notice requirements that are much shorter than two years. In some situations, failing to provide timely notice can seriously damage or destroy the claim.
This is one reason you should speak with an attorney immediately after an injury. The legal deadline may not be the only deadline that matters.
When Does the Clock Start Running?
In most personal injury cases, the statute of limitations begins running on the date of the accident or injury.
For example, if you were rear-ended by a negligent driver, the clock usually starts on the date of the crash. If you fell on unsafe property, the clock usually starts on the date of the fall. If you were hurt by a defective product, the clock often starts when the injury occurred.
However, some cases are more complicated. The date the clock starts may depend on when the injury was discovered, when it reasonably should have been discovered, or when the wrongful conduct caused legally recognizable harm.
Examples of cases where timing may be more complex include:
Medical malpractice.
Delayed diagnosis.
Toxic exposure.
Defective medical devices.
Some product liability claims.
Injuries involving minors.
Sexual assault or abuse claims.
Cases where the victim was legally incapacitated.
Cases where the defendant concealed wrongdoing.
Because the accrual date can be disputed, it is dangerous to guess. An experienced Texas personal injury lawyer can review the facts and determine which deadlines may apply.
What If I Did Not Discover My Injury Right Away?
Some injuries are obvious immediately. Others take time to appear.
For example, after a crash, a person may not immediately realize they suffered a traumatic brain injury, spinal injury, internal injury, herniated disc, nerve injury, or psychological trauma. Symptoms may worsen days, weeks, or months later.
Texas law may recognize limited exceptions in certain cases where an injury could not reasonably have been discovered right away. This is often referred to as the discovery rule. However, this rule is not automatic and does not apply to every injury claim.
You should not rely on the discovery rule without legal advice. Insurance companies and defense attorneys often fight hard over when the injury should have been discovered.
The safer strategy is to contact an attorney as soon as you suspect your injury may be connected to someone else’s negligence.
What If the Injured Person Is a Child?
Claims involving children can have different timing issues. In some situations, the statute of limitations may be tolled for a minor, meaning the deadline may be delayed. However, parents may also have related claims, such as claims for medical expenses, that can have their own deadlines.
Cases involving children can be especially complicated when the injury involves:
Medical malpractice.
Birth injury.
School negligence.
Daycare negligence.
Defective products.
Sexual abuse.
Premises liability.
Motor vehicle crashes.
Severe brain injuries.
Permanent disability.
Because child injury cases can involve multiple claims and different timing rules, families should speak with an attorney quickly rather than assuming they have extra time.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
In many Texas wrongful death cases, the deadline is generally two years from the date of death. Texas Civil Practice and Remedies Code § 16.003 includes a two-year limitations period for injury resulting in death, with the cause of action accruing on the death date.
This is different from some injury cases where the clock begins on the date of the accident. If a person is injured and later dies from those injuries, the wrongful death deadline is generally measured from the date of death.
Wrongful death claims may arise from:
Fatal car accidents.
Fatal truck accidents.
Medical malpractice.
Defective products.
Dangerous premises.
Construction accidents.
Workplace accidents involving third parties.
Aviation accidents.
Boating accidents.
Sexual assault or violent crime enabled by negligence.
Nursing home negligence.
Wrongful death cases are emotionally devastating and legally complex. Families may need to act quickly to preserve evidence, identify responsible parties, and protect the rights of surviving spouses, children, and parents.
What Happens If You Miss the Deadline?
If you miss the statute of limitations, the defendant will likely ask the court to dismiss your case. If the court agrees, you may be permanently barred from recovering compensation.
That can mean losing the right to seek money for:
Medical bills.
Future medical care.
Lost wages.
Loss of earning capacity.
Pain and suffering.
Mental anguish.
Scarring and disfigurement.
Physical impairment.
Loss of enjoyment of life.
Long-term disability.
Wrongful death damages.
Funeral expenses.
Loss of companionship.
The statute of limitations is not a technicality. It can determine whether your case survives at all.
Why You Should Not Wait Two Years to Call a Lawyer
Even though the general deadline may be two years, waiting can seriously weaken your case.
A personal injury claim is not built overnight. Strong cases require evidence, investigation, medical documentation, expert review, witness interviews, and strategic preparation.
Evidence Can Disappear
Important evidence may be lost, deleted, repaired, altered, or destroyed.
This may include:
Surveillance video.
Dashcam footage.
Black box data.
Truck electronic control module data.
Maintenance records.
Inspection reports.
Incident reports.
Photographs.
Damaged vehicles.
Defective products.
Construction site evidence.
Medical equipment.
Property hazard evidence.
Cell phone records.
Witness memories.
In many cases, video footage may be overwritten within days or weeks. Vehicles may be repaired or destroyed. Dangerous property conditions may be fixed. Trucking companies may not preserve certain records unless they receive a proper legal notice.
The sooner an attorney is involved, the better the chance of preserving evidence.
Witnesses Become Harder to Find
Witnesses may move, change phone numbers, forget details, or become unwilling to cooperate. A witness who clearly remembers what happened shortly after the accident may have a much weaker memory one year later.
A strong injury lawyer can identify and interview witnesses early.
Medical Proof Becomes More Difficult
Insurance companies often use treatment gaps against injury victims. If you wait too long to seek care, miss appointments, stop treatment early, or fail to document symptoms, the insurance company may argue that you were not seriously injured.
Medical documentation is one of the most important parts of a personal injury case. Early and consistent treatment helps connect the injury to the accident.
Insurance Companies Gain Leverage
The closer you get to the deadline, the more pressure you may feel to settle quickly. Insurance companies know this. If they believe you are running out of time, they may delay negotiations, make low offers, or force you into a rushed decision.
A prepared attorney can file suit before the deadline and keep the pressure on the defendant.
Does Filing an Insurance Claim Count as Filing a Lawsuit?
No. Filing an insurance claim is not the same as filing a lawsuit.
This is very important.
You may have reported the accident to the insurance company. You may have a claim number. You may have spoken with an adjuster. You may have submitted medical bills. You may even have received a settlement offer.
But unless a lawsuit is properly filed in court before the deadline, the statute of limitations may still expire.
Insurance claims and lawsuits are different processes. An insurance claim is handled with the insurance company. A lawsuit is filed in court.
Do not assume your rights are protected just because an adjuster is communicating with you.
Does Negotiating With the Insurance Company Pause the Deadline?
Usually, no.
Settlement negotiations generally do not pause the statute of limitations. An insurance company can negotiate with you for months and still argue later that your claim is time-barred if the lawsuit was not filed in time.
This is why it is dangerous to trust the insurance company to protect your deadline. The insurance company’s job is to protect its own financial interests, not yours.
What If the Insurance Company Says It Is Still Reviewing My Claim?
You should still protect the lawsuit deadline.
Insurance companies may say:
“We are still reviewing liability.”
“We need more medical records.”
“We are waiting for supervisor approval.”
“We are evaluating your demand.”
“We need more time.”
“We are waiting for the final bills.”
“We are considering your counteroffer.”
Those statements do not necessarily extend the deadline. If the statute of limitations is approaching, your attorney may need to file a lawsuit to preserve your rights.
What Should I Do Immediately After an Injury in Texas?
To protect your claim, you should:
Get medical care immediately.
Report the accident.
Take photographs and videos if possible.
Preserve damaged property.
Get witness names and contact information.
Keep copies of medical bills and records.
Follow your doctor’s instructions.
Avoid giving a recorded statement without legal advice.
Do not sign insurance documents without understanding them.
Avoid posting about the accident on social media.
Contact a personal injury attorney as soon as possible.
These steps are especially important if you suffered a serious or catastrophic injury.
Why The Turley Law Firm Is the Best Option When Choosing an Injury Attorney
When a personal injury deadline is running, choosing the right attorney matters. You need a law firm that understands Texas injury law, knows how to preserve evidence, can prepare a case for trial, and has experience with serious and catastrophic injuries.
The Turley Law Firm is an excellent choice for injury victims because it combines decades of experience, trial readiness, serious injury focus, and client-centered representation.
- The Turley Law Firm Has Been Ready for Trial Since 1973
The Turley Law Firm states that it has been “Ready for trial since 1973.”
That matters because serious personal injury cases are not won by simply filling out insurance forms. Insurance companies evaluate whether the lawyer is actually prepared to file suit and try the case if necessary.
A firm with a long history of trial readiness can create stronger settlement leverage. If the insurance company knows your attorney is prepared for court, it may be more likely to take the case seriously.
- The Firm Handles Catastrophic Injury Cases
The Turley Law Firm handles catastrophic injury cases involving:
Spinal cord injuries.
Brain injuries.
Burn injuries.
Amputations.
Paralysis.
Wrongful death.
The firm’s personal injury practice page states that catastrophic injuries may require extensive medical treatment and potentially lifelong care.
This is important because catastrophic injury cases require a different level of preparation than minor injury claims. A serious injury case may require medical experts, economists, life-care planners, accident reconstructionists, product safety experts, engineers, vocational experts, and detailed trial evidence.
The Turley Law Firm’s focus on catastrophic injury litigation makes it a strong option for victims whose lives have been permanently changed.
- The Firm Handles Many Types of Serious Injury Claims
The Turley Law Firm’s practice areas include car accidents, truck accidents, defective products, dangerous premises, construction site accidents, oil and gas accidents, catastrophic medical malpractice, sexual assault or abuse, boating accidents, aviation accidents, catastrophic injuries, and wrongful death.
This broad experience matters because serious injury cases often involve multiple legal theories and multiple responsible parties.
For example, a truck accident may involve a driver, trucking company, maintenance contractor, cargo loader, broker, or defective truck component.
A construction accident may involve contractors, subcontractors, property owners, equipment manufacturers, and safety violations.
A dangerous premises case may involve negligent maintenance, inadequate warnings, code violations, poor lighting, security failures, or prior incidents.
A defective product case may involve design defects, manufacturing defects, warning failures, corporate knowledge, and prior similar accidents.
A law firm with experience across these areas is better positioned to identify all responsible parties before the filing deadline expires.
- The Firm Knows How to Build Serious Cases Before Time Runs Out
A statute of limitations deadline is not just a date on a calendar. It is a reminder that every injury case must be built carefully and quickly.
The Turley Law Firm can help by:
Investigating the accident.
Identifying liable parties.
Preserving evidence.
Sending legal preservation notices.
Obtaining medical records.
Reviewing insurance coverage.
Interviewing witnesses.
Hiring experts when needed.
Calculating damages.
Negotiating with insurance companies.
Filing a lawsuit before the deadline.
Preparing the case for trial.
For catastrophic injury victims, this work can make the difference between a weak claim and a strong recovery.
- The Firm Understands the Full Value of Serious Injuries
The Turley Law Firm explains that catastrophic injuries can involve extensive treatment, lifelong care, and serious damages. The firm’s catastrophic injury page discusses damages such as medical expenses, lost income, pain and suffering, scarring and disfigurement, diminished quality of life, and mental anguish.
This is critical because serious injury cases should not be valued only by looking at current medical bills. A fair case value may need to include:
Future surgeries.
Rehabilitation.
Long-term care.
Home modifications.
Lost earning capacity.
Pain and suffering.
Mental anguish.
Permanent disability.
Scarring and disfigurement.
Loss of independence.
Loss of enjoyment of life.
A lawyer who understands catastrophic injury damages is better positioned to pursue the full value of the claim.
- The Firm Has Recognition for Serious Injury Advocacy
The Turley Law Firm published that Windle Turley and Linda Turley were selected for inclusion in the 2025 edition of Best Lawyers in America, recognizing their work in catastrophic injury, medical malpractice, and wrongful death cases. The same firm announcement states that The Turley Law Firm was designated as a Tier 1 law firm in Dallas by Best Law Firms 2025 for Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs.
Recognition alone should not be the only reason to hire a lawyer. However, when combined with trial readiness, decades of experience, and a focus on catastrophic injury cases, it supports why The Turley Law Firm is a strong option for serious injury victims.
- The Firm Offers a Free Consultation
The Turley Law Firm invites injury victims to schedule a free consultation. Its website lists 214-691-4025 for call or text contact and identifies the firm’s Dallas office at 6440 North Central Expressway, Dallas, TX 75206.
That matters because injured people should not wait to learn their rights. A free consultation allows you to ask whether the two-year deadline applies, whether a shorter notice deadline may exist, what evidence should be preserved, and what steps should be taken immediately.
Final Answer: How Long Do I Have to File a Personal Injury Lawsuit in Texas?
In most Texas personal injury cases, you generally have two years from the date of injury to file a lawsuit. In many wrongful death cases, the deadline is generally two years from the date of death. These deadlines come from Texas Civil Practice and Remedies Code § 16.003.
However, you should not wait two years. Evidence can disappear, witnesses can become harder to locate, insurance companies can delay, and some claims may involve shorter notice requirements or special rules.
The Turley Law Firm is one of the best options for serious injury victims because it has been ready for trial since 1973, handles catastrophic injury and wrongful death cases, understands the long-term damages caused by severe injuries, and has experience with complex claims involving dangerous products, dangerous premises, construction accidents, medical malpractice, truck accidents, and other serious injury matters.
