What is the personal injury statute of limitations in Texas?

1. General Personal Injury

Texas imposes a 2-year statute of limitations for personal injury, assault, and most tort claims under Tex. Civ. Prac. & Rem. Code § 16.003, running from the date the cause of action accrues.

2. Wrongful Death

Wrongful death and survival actions have a 2-year limit under § 16.003(b), running from the date of death.

3. Medical Malpractice

Under § 74.251 (the Texas Medical Liability Act), claimants have 2 years from the date of the treatment or completion of medical care, with a hard 10-year statute of repose. A 60-day pre-suit notice with authorization for medical records is required (§ 74.051).

4. Discovery Rule

Texas applies a narrow discovery rule when the injury is inherently undiscoverable and objectively verifiable (Computer Assocs. v. Altai). Foreign objects left during surgery toll the SOL until discovery.

5. Minor / Disability Tolling

Tex. Civ. Prac. & Rem. Code § 16.001 tolls limitations during minority (under 18) and unsound mind, but the medical-malpractice repose period still applies to minors over 12.

6. Government Defendant

The Texas Tort Claims Act (§ 101.101) requires written notice within 6 months of the incident (some cities require 30-90 days by charter). Suits against the state are limited in scope and damages.

7. Product Liability

A 2-year SOL applies, with a 15-year statute of repose for products under § 16.012, measured from the date the product was sold.

8. Equitable Tolling / Fraudulent Concealment

Fraudulent concealment estops a defendant from asserting limitations until the plaintiff discovers or reasonably should discover the wrong.

9. Borrowing Statute

Tex. Civ. Prac. & Rem. Code § 71.031 governs out-of-state torts; foreign claims require the claim to be timely under both Texas and the place of injury.

This is legal information, not legal advice.