What Is the Statute of Limitations for Personal Injury in Texas? (CPRC § 16.003)
Direct Answer Under Texas Law
Under Texas Civil Practice and Remedies Code § 16.003(a), you have exactly two (2) years from the date the cause of action accrues (the date of the accident or injury) to file a formal civil lawsuit for personal injury or property damage in a Texas court. Under § 16.003(b), the two-year deadline for a wrongful death lawsuit begins on the date of the injured person's death.
Critical Texas Procedural Trap to Watch Out For
Filing an insurance claim or negotiating with an adjuster DOES NOT stop the 2-year clock! Worse yet, under Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009), even if you file your lawsuit before the 2-year deadline expires, your case will be dismissed if the defendant is served with citation after the 2-year mark unless you prove continuous 'due diligence' in attempting service.
Recommended Action Plan for Texas Claimants
Calculate your exact 2-year anniversary date immediately (if the final day falls on a Saturday, Sunday, or legal holiday, CPRC § 16.072 extends it to the next business day), and aim to file suit at least 90–120 days before limitations expires so citation is served well ahead of the deadline.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code § 16.003(a)–(b) & § 16.072 and controlling Texas appellate precedent in Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code § 16.003(a)–(b) & § 16.072 and how Texas courts apply Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009) in your county's appellate district.
- Beware of the Texas Procedural Trap: Filing an insurance claim or negotiating with an adjuster DOES NOT stop the 2-year clock! Worse yet, under Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009), even if you file your lawsuit before the 2-year deadline expires, your case will be dismissed if the defendant is served with citation after the 2-year mark unless you prove continuous 'due diligence' in attempting service.
- Execute the Texas Action Plan: Calculate your exact 2-year anniversary date immediately (if the final day falls on a Saturday, Sunday, or legal holiday, CPRC § 16.072 extends it to the next business day), and aim to file suit at least 90–120 days before limitations expires so citation is served well ahead of the deadline.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is the Statute of Limitations for Personal Injury in Texas? (CPRC § 16.003)
Under Texas Civil Practice and Remedies Code § 16.003(a), you have exactly two (2) years from the date the cause of action accrues (the date of the accident or injury) to file a formal civil lawsuit for personal injury or property damage in a Texas court. Under § 16.003(b), the two-year deadline for a wrongful death lawsuit begins on the date of the injured person's death. Key Texas Trap to Avoid: Filing an insurance claim or negotiating with an adjuster DOES NOT stop the 2-year clock! Worse yet, under Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009), even if you file your lawsuit before the 2-year deadline expires, your case will be dismissed if the defendant is served with citation after the 2-year mark unless you prove continuous 'due diligence' in attempting service.
What Texas statute and Supreme Court / appellate precedent control texas 2-year personal injury statute of limitations?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code § 16.003(a)–(b) & § 16.072 and the legal standards articulated in Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009). Recommended step: Calculate your exact 2-year anniversary date immediately (if the final day falls on a Saturday, Sunday, or legal holiday, CPRC § 16.072 extends it to the next business day), and aim to file suit at least 90–120 days before limitations expires so citation is served well ahead of the deadline.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
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