How long do you have to sue after an injury in Texas?

Texas injury deadlines at a glance

What the law says

“a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.”

Tex. Civ. Prac. & Rem. Code § 16.003(a)

“A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.”

Tex. Civ. Prac. & Rem. Code § 101.101(a)

When does the clock start?

Usually on the day you were hurt. In Texas, Tex. Civ. Prac. & Rem. Code § 16.003(a) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.

What does not stop the clock

Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.

What happens if you miss it?

Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.

Cities in Texas

• Houston
• Dallas
• San Antonio
• Fort Worth
• Austin
• El Paso
• Midland
• McAllen

Other states with the same deadline

• Arizona
• California
• Florida
• Alaska
• Alabama
• Colorado