Personal Injury
What Is a Statute of Limitation?
By Ted Smith, Attorney · Originally published June 10, 2020. Updated July 16, 2026.
Every civil claim in Texas has a deadline to file, known as the statute of limitations. Miss it, and you generally lose the right to bring the claim at all, no matter how strong the case would have been. The U.S. Supreme Court has explained the purpose of these deadlines simply: they prevent surprises by keeping stale claims from being revived once evidence has been lost and memories have faded. The rule protects both sides, but if you are the one who was hurt, it means the clock is working against you from day one.
How long do you have to file?
Texas law sets different deadlines depending on the type of claim. Under the Texas Civil Practice and Remedies Code, Chapter 16, common periods include:
- 1 year: libel, slander, and malicious prosecution
- 2 years: personal injury, wrongful death, trespass, and injury to property (this is the deadline that applies to most car accident, slip-and-fall, and other injury claims)
- 4 years: breach of contract, breach of fiduciary duty, fraud, and debt collection claims
The 2-year deadline is the one that governs most personal injury matters, and it is the one people ask about most. These are common periods, not a complete list. Chapter 16 also contains other periods and claim-specific exceptions.
Why the clock matters even when you have “plenty of time”
Having two years to file does not mean you have two years to start working on your case. Building a personal injury claim takes real time: accident reports, medical records, billing records, and wage verification all have to be gathered, and medical records alone can take months to obtain from a provider. Depending on how serious the injury is, it can also take months of treatment before anyone, including your doctor, has a full picture of what the injury actually cost you.
Waiting until close to the deadline to start that process puts your own case at a disadvantage. It does not usually stop a claim from being filed, but it can mean filing before the investigation is as complete as it should be.
When does the clock actually start?
As a general rule, a statute of limitations starts running on the date of the injury. For a car accident, that is the date of the crash. For a breach of contract claim, it is the date of the breach. That sounds simple, but there are fact-specific circumstances that can pause, or toll, the deadline, and figuring out whether one applies to your situation is not something to guess at. This is one of the main reasons to talk to a lawyer as soon as you believe you have been injured because of someone else’s conduct, no matter how long ago it happened.
What if the deadline is close and the investigation isn’t finished?
Sometimes people do not reach out until weeks, or even days, before their statute of limitations runs. That is not ideal, but it does not mean the claim is lost. An attorney who has handled deadline-driven filings before can move quickly to evaluate the claim and get a lawsuit filed in time to preserve it, even when there is very little runway left. Better to make that call than to let a real claim expire because the deadline crept up.
If a government entity is involved, the timeline changes
Not every claim runs on the standard state deadline. If a city, county, state agency, or federal entity is involved, such as an accident with a government vehicle or an injury at a government facility, a separate notice requirement often applies on top of, or ahead of, the underlying statute of limitations. See our overview of injuries caused by the government for more on how that process works, and reach out early if a government defendant might be part of your case.
Deployment, PCS, and other Fort Hood realities
Central Texas has a large military community, and life around Fort Hood (formerly Fort Cavazos) does not always leave room to deal with a legal claim right after an injury happens. A deployment, a permanent change of station, or a demanding training schedule can make it hard to gather records or even find time to sit down with an attorney. Those events do not necessarily change a deadline by themselves, but the Servicemembers Civil Relief Act generally excludes a servicemember’s period of military service when computing a limitations period for a court or agency action by or against the servicemember. Whether that protection applies is fact-specific, which is another reason to have the deadline reviewed early.
FAQ
How long do I have to file a personal injury claim in Texas? Generally two years from the date of the injury, under Texas Civil Practice and Remedies Code Section 16.003. Certain claims, including those against a government defendant, can have different or shorter deadlines.
Does the statute of limitations clock start on the date of the accident? Usually, yes. There are exceptions that can toll, or pause, the deadline in specific circumstances, which is why it is worth confirming your own timeline with an attorney rather than assuming.
What happens if I miss the statute of limitations? In most cases, the claim can no longer be brought in court once the deadline passes. There are limited exceptions, but they should not be relied on without legal advice.
I’m close to my deadline and haven’t gathered my records yet. Is it too late? Not necessarily. Reach out as soon as possible. An attorney can move quickly to evaluate the claim and file before the deadline, even with limited time left.
Are all Texas statutes of limitation the same length? No. Texas law sets different deadlines by claim type. One, two, and four years are common periods, but Chapter 16 includes other periods and claim-specific exceptions.
Sources
- Texas Civil Practice and Remedies Code, Chapter 16 (Limitations), Texas Constitution and Statutes
- United States v. Kubrick, 444 U.S. 111 (1979), Legal Information Institute
- 50 U.S.C. Section 3936, U.S. House of Representatives
- Statutes of Limitations in Civil Lawsuits, Texas Law Help
If you believe you have a claim and are not sure how much time you have left, do not wait to find out. Call or text (254) 690-5688 for a free consultation, or learn more about how we handle personal injury claims in Central Texas.