In most Texas injury cases, you have two years from the day the claim accrues to file a lawsuit, which is usually the day you got hurt (Civil Practice and Remedies Code § 16.003). Miss it and the claim is almost always gone, no matter how badly you were hurt or how clearly the other side was at fault. Some deadlines are shorter, though, and a claim against a city or county can need notice within six months. Call (713) 664-4000 for a free consultation and we’ll tell you exactly which clock applies to you.
The two-year rule covers car wrecks, truck crashes, slip and falls, dog bites and most other cases where someone else’s carelessness hurt you. It’s the deadline we track first on every Houston personal injury case we take, along with the exceptions below.
Talking to the insurance company doesn’t stop the clock
This is the mistake we see most. An adjuster calls, asks for records, makes a low offer, goes quiet, then calls again. Eighteen months go by. Negotiating with the other side’s insurance company doesn’t extend your deadline, and the adjuster knows exactly when your two years run out. Once it passes, the offer can drop to nothing, because you’ve lost the one thing that made them pay: the ability to sue.
Filing on the last day is risky too. Texas courts also expect the defendant to be served with diligence after the suit is filed, and a late filing leaves no room to track down a driver who moved.
Deadlines that are shorter than two years
Claims against the government. If a city bus, a county truck, a police car or a dangerous condition on public property hurt you, the government entity is entitled to notice of your claim within six months of the incident, that reasonably describes the injury and the incident, including when and where it happened (§ 101.101(a)). Cities can set their own notice periods in their charters, and state law approves those (§ 101.101(b)), so the deadline for a claim against a particular city can be shorter than six months. The City of Houston’s charter requires sworn notice within 90 days (Houston City Charter art. IX, § 11). There’s an exception when the government already had actual notice of the injury (§ 101.101(c)), but whether that applies is a fight you don’t want to have. Assume the short deadline and call us right away.
Medical malpractice. A health care liability claim has to be filed within two years from the date of the negligent act. Courts count from the date the treatment or hospitalization at issue was completed only when the date of the negligent act can’t be pinned down. And it can never be filed later than 10 years after the act, no matter what (§ 74.251). These cases also come with their own pre-suit requirements, so they need more lead time than a car wreck. Our Houston medical malpractice page covers more.
When the clock can pause or start later
Injured children. If the injured person was under 18 when the claim arose, the time before their 18th birthday doesn’t count against the limitations period (§ 16.001). The same goes for someone of unsound mind. Medical malpractice is different: a child under 12 has until their 14th birthday to file, and a child 12 or older gets no extra time at all (§ 74.251(a)). And a parent’s own claim for the child’s medical bills may not get the same extension, so don’t wait on it.
A death. A wrongful death claim has two years from the date of death (§ 16.003(b)). If the person who caused the crash dies, or the injured person dies, the deadline is suspended for 12 months after the death, or until an executor or administrator qualifies, if that happens sooner (§ 16.062). Our Houston wrongful death lawyer page explains who can bring those claims.
A defendant who leaves Texas. The time a defendant spends outside the state can suspend the deadline (§ 16.063). It has limits, and it’s not something to bank on.
The deadline that matters more than the law’s
Two years is when the courthouse door closes. Your evidence goes away much sooner. Business surveillance video is often recorded over in days or weeks. Witnesses move and forget. A car with its crash data gets repaired or sold for salvage. Skid marks wash off the road. The earlier we get involved, the more of that we can lock down with preservation letters before it’s gone.
How we handle these cases
On day one, we figure out every deadline that could apply, including any short government notice, and we put them on the calendar. Then we send preservation letters, gather the evidence, get your medical treatment documented and deal with the other side’s insurance company. If the case doesn’t settle for what it’s worth, we file well before the deadline. We work on a contingency fee, so there’s no fee unless we recover. If we don’t recover, you don’t owe us for case expenses either. You can read more about what a personal injury lawyer costs.
Not sure how much time you have left? Call today
If you were hurt in the Houston area and you’re past the first few weeks, or close to two years, don’t guess at the deadline. Call (713) 664-4000 or fill out the form for a free consultation, and we’ll tell you where you stand.
A Houston trial lawyer since 2009, representing injured people and their families, and defending the accused in DWI and criminal cases. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and a commissioner on the Texas Indigent Defense Commission, appointed by Gov. Abbott in 2023.
Last reviewed July 2026 · This article is legal information, not legal advice. Read Jay’s full bio →