What Is the Texas Statute of Limitations for Car Accidents and Personal Injury Cases?

 Posted on December 13, 2025 in Car Accident

Time limits, or "statutes of limitations," matter when you have been injured in an accident. Texas Civil Practice and Remedies Code § 16.003 sets a strict two-year deadline for filing personal injury and property damage lawsuits. Missing these deadlines can eliminate your ability to recover compensation. This means you could get no money at all, no matter how serious your injuries are or how obvious it is that the other person was responsible. Understanding these time limits helps you protect your legal rights and make informed decisions about your case.

The Texas Department of Transportation estimates that more than 18,000 people were seriously hurt in car accidents last year alone. If you have been in a car accident, truck accident, motorcycle accident, slip-and-fall accident, or any other type of injury, talk to a top Frisco, TX personal injury attorney right away. We will make sure you file your claim on time and make a strong case for maximum recovery.

How Long Do You Have to File a Car Accident Lawsuit in Texas?

Texas law gives you two years from the date of your car accident to file a lawsuit for personal injuries. This deadline applies whether you were a driver, passenger, pedestrian, or bicyclist injured in the crash.

The two-year clock typically starts on the date the accident happened. If you were injured on January 15, 2026, you would need to file your lawsuit by January 15, 2028. Missing this deadline usually means losing your right to sue, even if you have strong evidence that the other driver caused the accident and your injuries.

The same two-year statute of limitations applies to property damage claims. If your vehicle or other property was damaged in a car accident, you have two years from the accident date to file a lawsuit seeking compensation for repairs or replacement.

Are There Exceptions to Texas’s Two-Year Statute of Limitations for Personal Injury Claims?

Several situations can pause or extend the statute of limitations. If the injured person is under 18 years old, sometimes the two-year deadline does not begin until they turn 18. However, this is only true for medical malpractice claims and intentional injuries, such as certain sexual abuse claims. Parents or guardians should file lawsuits for their children’s injuries in car accidents or other negligence cases within the two-year statute of limitations.

If the person responsible for the accident leaves Texas after the crash and stays out of state, the time they spend outside Texas may not count toward the two-year limit. If the injured person is mentally incapacitated and cannot manage their legal affairs, the deadline may also be paused until they regain capacity.

What Happens If You Miss the State of Limitations Deadline?

If you try to file a lawsuit after the statute of limitations expires, the defendant will almost certainly ask the court to dismiss your case. Texas courts take these deadlines seriously and rarely make exceptions.

Once your case is dismissed, you lose the ability to pursue compensation through a lawsuit, regardless of how badly you were injured or how much the accident was the other driver's fault. You will be responsible for your medical bills, lost wages, and other damages with no way to recover these costs from the at-fault party.

Does Filing an Insurance Claim Extend the Statute of Limitations Deadline?

Filing a claim with an insurance company does not stop or extend the statute of limitations. Many people mistakenly believe that as long as they are negotiating with an insurance company, they do not need to worry about the lawsuit deadline. This is incorrect.

Insurance negotiations can take months or even years, and insurance companies know about the two-year deadline. Some insurance adjusters delay settlement discussions, hoping you will run out of time to file a lawsuit. You must file a lawsuit before the statute of limitations expires, even if you are still talking to the insurance company.

When Should You Start the Process of Filing a Lawsuit for a Car Accident?

The sooner you begin, the better. Evidence disappears or weakens over time. For example:

• Witnesses forget details or move away.

• Crash scenes are cleaned up.

• Police reports get lost or misplaced.

• Security camera footage gets deleted.

• Injuries that seem minor at first can develop into serious conditions, but you may not have medical records.

Starting early gives you time to gather evidence, obtain medical records, and build a strong case. It also provides more time for settlement negotiations before you face pressure from an approaching deadline. Do not wait until the two-year deadline is getting close to take action on your car accident claim.

Contact an Allen Personal Injury Attorney

If you were hurt in a car accident, contact Burress Injury Law today. With over 1,000 five-star reviews, our Frisco, TX personal injury lawyers have the experience to handle your case and fight for the compensation you deserve.

Call 214-726-0016 for a free consultation to discuss your accident and learn about your legal options before time runs out. Se habla español.