Statute of limitations in Texas

In Texas, a statute of limitations is the window you have to file a civil lawsuit in court. Miss it, and the other side can ask the judge to dismiss the case no matter how strong the underlying facts are. The clock is firm, and once it runs out, the door to a courtroom usually closes for good.

The headline figures cover most everyday disputes. A personal injury claim generally must be filed within 2 years. That same 2 year period applies to wrongful death, property damage, and medical malpractice claims. Written and oral contract disputes, along with fraud, generally carry a longer 4 year window. Defamation, meaning libel or slander, sits at the short end with a 1 year limit.

These periods are set by state statute, and the exact section depends on the type of claim. Because a single event can raise more than one kind of claim, different parts of the same dispute can carry different deadlines. Confirming which period applies to your situation with a licensed Texas attorney early can keep a viable claim from expiring by surprise.

A limitations period does not begin on a random date. It starts when the claim accrues, which is generally the day the wrongful act causes a legal injury. For a car crash, that is usually the date of the collision. For a broken contract, it is often the day the other party fails to perform as promised.

Texas follows this accrual rule closely, and courts tend to apply it strictly. The general principle is that the clock begins when the harm occurs, even if the full extent of the damage is not yet clear. Waiting for a final medical prognosis or a complete accounting of losses does not pause the deadline on its own.

Some situations involve harm that is not reasonably possible to notice right away. Texas recognizes a limited discovery concept for certain claims, under which accrual can be delayed until the injury is or reasonably should have been discovered. This does not apply to every claim type, and it is read narrowly. Whether it fits a given case is a fact specific question that a licensed Texas attorney can assess against the current code.

Texas law recognizes circumstances that can pause, or toll, the running of a limitations period. One common example involves minors. When the person harmed is a child, the law generally treats the deadline differently until that person reaches adulthood, so the clock may not run the way it would for an adult claimant.

Legal disability can also affect the timeline. If a person is of unsound mind when the claim accrues, the limitations period may be tolled while that condition continues. If a defendant leaves the state after a claim arises, the time that person is absent may not count against the deadline, which can extend the window for filing.

Claims against government bodies follow a separate and stricter track. Suing a city, county, state agency, or other public entity in Texas often requires giving formal written notice of the claim within a short, defined window well before any lawsuit, and the rules vary by entity. Because those notice deadlines differ from the general limitations periods and can be far shorter, check the specific requirements in the applicable code or with a licensed Texas attorney before assuming any timeline applies.

Each claim type on this page ties to a specific part of the Texas Civil Practice and Remedies Code. Personal injury claims, which cover bodily harm from events like vehicle collisions, falls, or assaults, generally carry a 2 year deadline under Tex. Civ. Prac. & Rem. Code § 16.003. Wrongful death claims, brought when a person dies because of another party's wrongful act, and property damage claims for harm to physical property also fall under the 2 year period in Tex. Civ. Prac. & Rem. Code § 16.003.

Medical malpractice claims, which involve injury from negligent medical care, generally must be filed within 2 years under Tex. Civ. Prac. & Rem. Code § 74.251.

Contract disputes carry a longer period. A written contract claim generally has 4 years under Tex. Civ. Prac. & Rem. Code § 16.004/16.051, and an oral contract claim also carries a 4 year deadline under Tex. Civ. Prac. & Rem. Code § 16.004. Fraud claims, which involve a knowing misrepresentation that causes a loss, share that 4 year period under Tex. Civ. Prac. & Rem. Code § 16.004.

Defamation, covering libel in writing and slander in speech, carries the shortest deadline here at 1 year under Tex. Civ. Prac. & Rem. Code § 16.002.

Waiting until a deadline is near narrows your options. A few practical steps can help protect a potential claim. Start by preserving records while they are fresh: photos, medical bills, repair estimates, contracts, emails, text messages, and the names of anyone who saw what happened. Physical evidence and memories fade, and gaps can be hard to fill later.

Next, pin down which limitations period actually applies. The same incident can involve more than one claim type, and the shortest applicable deadline often controls how much time you really have. Reading the relevant section of the Texas Civil Practice and Remedies Code is a reasonable starting point for understanding the general rule.

Because accrual dates, tolling, and notice requirements can turn on small details, talking with a licensed Texas attorney well before the deadline is a sound step. An attorney can confirm the applicable period for your facts, flag any government notice obligations, and file on time if you decide to move forward. This guide offers general legal information, not legal advice, and no article can substitute for advice about your specific situation.