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 only to inherently undiscoverable injuries where the objective nature of the harm is verified.
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.
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+.
Frequently Asked Questions
How long do you have to sue for personal injury in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you have 2 years from the date the cause of action accrues to bring a personal injury claim.
Can I recover damages in Texas if I was partially at fault?
Texas follows the proportionate responsibility 51% bar rule. If you are found to be 51% or more at fault for the accident, you are legally barred from recovering any damages.