What is the statute of limitations on personal injury in Texas?

The Texas personal injury statute of limitations (Texas Civil Practice & Remedies Code section 16.003) says any civil action for personal injury must be filed “not later than two years after the day the cause of action accrues.”
The two-year deadline applies whether the case is based on negligence, or intentional tort (any deliberate interference with a legally recognized interest).
Texas does have some exceptions that might delay the running of the statute of limitations “clock,” or pause the clock after it has started to run. Let’s take a look at two circumstances that are likely to affect the standard statute of limitations timeline.
If the injured person is under the age of 18, or if that person is found to be of “unsound mind” under Texas law at the time of the underlying accident or incident that caused the injuries, the twoyear “clock” probably won’t start running until the period of “legal disability” is over. Under these circumstances, the clock would start running when the injured person turns 18 or becomes mentally competent. (Texas Civil Practice & Remedies Code section 16.001)
If, at some point after the underlying accident, and before the lawsuit can be filed, the person who allegedly caused the plaintiff’s injuries (the defendant) leaves the state of Texas, the period of absence won’t be counted as part of the two-year limitation statute. (Texas Civil Practice & Remedies Code section 16.063)
If you try to file your personal injury lawsuit after more than two years have passed since the underlying accident, the defendant will almost certainly file a “motion to dismiss.” Unless you have a rare exception that entitles you to extra time, the court will summarily dismiss your case no matter how significant your injuries might be, and no matter how obvious the defendant’s liability.
If you have questions about how the Texas statute of limitations applies to your personal injury case it may be time to discuss your situation with the J. Gonzalez Law Firm.