How Long Do You Have to File an Injury Lawsuit in Texas?

Short answer: Under the Texas personal injury statute of limitations, most injury lawsuits, including car crash cases, must generally be filed within two years of the injury. Talking to an insurer does not stop that clock. Some claims have shorter deadlines or notice rules, especially against a city, county, or transit agency. If you are not sure, call (512) 872-2264 and I will tell you which clock applies.

Deadline Quick Reference

Situation	General rule	Notes
Car crash and most injury claims	Generally two years	Usually measured from the date of injury
Wrongful death	Often two years	Commonly measured from the date of death
Claim against a city, county, or transit agency	Written notice may be due much sooner, generally within six months	Some local rules can be shorter
Injured child	The clock may be paused	Fact-specific; call early
Injury discovered later	Rare, narrow exception	Do not rely on it

Car Accident Deadlines in Texas

For most car accident lawsuits, the same general rule applies: the suit must generally be filed within two years of the crash. That deadline is for the lawsuit. It is different from the insurance claim, which you can open the same day.

Claims under your own auto policy, such as PIP or uninsured motorist coverage, can also have their own deadlines and notice requirements in the policy itself. Read the policy, or let me read it. See Texas PIP vs MedPay vs UM/UIM.

Talking to the Insurer Doesn’t Stop the Clock

People often assume that as long as negotiations are still going, they are protected. That is not always true. An insurance claim is a conversation with a company. A lawsuit is what the statute of limitations controls. If talks drag on and no lawsuit is filed before the deadline, the claim can be lost even while the emails are still friendly. Talking to an adjuster, opening a claim file, or getting medical treatment does not by itself pause the deadline.

If the company already refused to pay, see can insurance deny my claim in Texas.

Wrongful Death Deadlines

Wrongful death claims in Texas often run on a two-year clock, commonly measured from the date of death. If the date of the injury and the date of death are different, get the timeline checked early rather than assuming.

Claims Against the City, County, or CapMetro

Claims against a government entity, such as a city, a county, or a transit agency like CapMetro, can require written notice much sooner than the lawsuit deadline, generally within six months of the incident, and some local rules can be shorter. Missing a notice deadline can hurt the claim even if the lawsuit deadline is still open. If a bus was involved, see my Austin bus accident lawyer page.

Exceptions: Children and Late-Discovered Injuries

When the injured person is a child, the deadline may work differently, and the clock may be paused for a time. The rules are fact-specific, so please do not assume either way.

In rare cases, the clock can depend on when an injury was discovered. That exception is narrow and does not usually apply to a crash where you knew you were hurt. Do not rely on it without advice.

Why You Shouldn’t Wait Even if Time Remains

Even when the filing deadline is still open, delay hurts the case. Scene photos disappear. Vehicles get repaired or salvaged. Witnesses move. Electronic data gets overwritten. Medical gaps make it harder to prove the crash caused the injury. The earlier evidence is preserved, the stronger the file, no matter how many months remain on the calendar.

Being partly at fault does not change the deadline either. Texas generally reduces your recovery by your share of fault and bars recovery if you are more than 50% responsible, but that is separate from the filing clock. See partly at fault car accident Texas.

Texas Statute of Limitations FAQ

How long do I have to file a car accident lawsuit in Texas?

Generally two years from the date of the crash for most car accident lawsuits. Claims against a government entity can require notice much sooner, and claims under your own policy can have their own deadlines. Call early to confirm your clock.

Does opening a claim with the insurance company pause the statute of limitations?

Usually no. An insurance claim does not automatically stop the lawsuit filing clock. Do not rely on "we are still negotiating" as your deadline protection.

What if I did not realize how badly I was hurt until later?

Delayed discovery can matter in some cases, but it is not a free pass to wait. Get advice quickly. Guessing wrong on discovery rules is an expensive mistake.

How long do I have for a wrongful death claim?

Many Texas wrongful death claims must be filed within two years of the date of death. See my wrongful death page and call if your family is facing that timeline.

Does being partly at fault change the deadline?

No. Partial fault affects how much you may recover, not whether the filing deadline exists. The same clock still applies.

What happens if I miss the deadline?

The court can dismiss the case, even if the other side was clearly at fault. That is why I would rather hear from you early than late.

Board Certified Help from River Place

I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a certification I have held since 2017. I represent injured people from River Place, Austin, Texas 78730, including northwest corridor crashes in Lakeway, Four Points, and nearby communities. Free consultation. No fee unless we recover for you. Call (512) 872-2264.

Local pages if your crash was nearby: River Place, Lakeway, Four Points, and Northwest Austin & Lake Travis.