Deadlines to File an Injury Lawsuit in Texas
How long you have to sue in Texas for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Two years after the day the cause of action accrues. Tex. Civ. Prac. & Rem. Code § 16.003(a)
| Deadline to sue for an injury | Two years after the day the cause of action accrues. |
|---|---|
| Deadline to sue for property damage | Two years for trespass for injury to the property of another, conversion of personal property, and taking or detaining personal property. |
| Medical malpractice deadline | Two years from the date of the breach or tort, or from the date the treatment or hospitalization at issue was completed. Children under 12 have until their 14th birthday. Regardless, every health care liability claim must be filed within 10 years after the act or omission (statute of repose). Before suing, the claimant must send written notice by certified mail to each provider at least 60 days before filing. |
| Wrongful death deadline | Two years, counted from the date of death. |
| Suing the government | Under the Texas Tort Claims Act, the government unit must receive notice of the claim no later than six months after the incident, describing the injury or damage, the time and place, and the incident. City charters may set shorter notice periods. Formal notice is not required if the government unit had actual notice of the death, injury or property damage. Damages are capped: the state at $250,000 per person and $500,000 per occurrence for bodily injury or death ($100,000 for property damage); cities at $250,000 per person and $500,000 per occurrence ($100,000 property); and other local government units at $100,000 per person and $300,000 per occurrence ($100,000 property). |
More Texas personal injury & wrongful death
- Wrongful Death Lawsuits in Texas
- Medical Malpractice Rules in Texas
- Car Accident Claims in Texas
- Dog Bite Liability in Texas
- Slip, Trip and Fall Injuries in Texas
- Sidewalk and Public Property Falls in Texas
- Motorcycle Accident Claims in Texas
- Pedestrian Accident Claims in Texas
- Bicycle Accident Claims in Texas
- Uber and Lyft Accident Claims in Texas
- Truck Accident Claims in Texas
- Construction Site Injuries in Texas
- All Texas personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Texas?
Two years after the day the cause of action accrues.
How long do you have to sue for property damage in Texas?
Two years for trespass for injury to the property of another, conversion of personal property, and taking or detaining personal property.
What is the statute of limitations for medical malpractice in Texas?
Two years from the date of the breach or tort, or from the date the treatment or hospitalization at issue was completed. Children under 12 have until their 14th birthday. Regardless, every health care liability claim must be filed within 10 years after the act or omission (statute of repose). Before suing, the claimant must send written notice by certified mail to each provider at least 60 days before filing.
How long do you have to file a wrongful death lawsuit in Texas?
Two years, counted from the date of death.
How do you file an injury claim against the government in Texas?
Under the Texas Tort Claims Act, the government unit must receive notice of the claim no later than six months after the incident, describing the injury or damage, the time and place, and the incident. City charters may set shorter notice periods. Formal notice is not required if the government unit had actual notice of the death, injury or property damage. Damages are capped: the state at $250,000 per person and $500,000 per occurrence for bodily injury or death ($100,000 for property damage); cities at $250,000 per person and $500,000 per occurrence ($100,000 property); and other local government units at $100,000 per person and $300,000 per occurrence ($100,000 property).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.