How long do I have to file a car accident lawsuit in Texas?
In Texas you generally have two years from the date of the crash to file a personal injury lawsuit. Miss it and the court will almost certainly throw the case out, however strong it was. A handful of situations pause that clock, and at least one common one cuts it to six months, so check yours early.
Tex. Civ. Prac. & Rem. Code § 16.003 checked September 9, 2026
What the two years actually applies to
The deadline runs to the day you file suit in court, not the day you open an insurance claim, not the day you hire someone, and not the day you send a demand letter. Negotiating with an adjuster does nothing to the clock. People lose otherwise winnable cases this way: eighteen months of polite emails, then an offer withdrawn, and by then there is no lawsuit left to file.
Counting starts the day the crash happened. If you were hit on 14 March, the last day is 14 March two years later.
What pauses the clock
You were under eighteen. The clock does not start until the child turns eighteen, so a fifteen-year-old passenger has until their twentieth birthday.
You were of unsound mind when the injury happened, in the narrow sense the statute uses.
The injury could not reasonably have been discovered. Texas courts apply this narrowly, and almost never to a car crash, where the injury announces itself.
What shortens it, and this is the dangerous one
If the other vehicle was owned by any public body, two years is not your real deadline. A far shorter written notice requirement applies first, and missing it ends everything regardless of how much of the two years remains.
That is a separate procedure with its own rules, set out in claims against a government agency. If anything about the vehicle looked official, read that page today rather than this one.
Why two years is shorter than it sounds
A case takes months to prepare before anyone files it. Records have to be requested and chased. Treatment has to finish, or nobody can put a figure on the harm. Witnesses have to be reached while they still remember the sequence.
An attorney handed a file with three weeks left will often turn it away, not because the claim is weak but because there is no runway to build it. Somewhere around fourteen months in, an unfiled claim starts becoming hard to place with anybody.
If you think you are already late
Ask rather than assume. The pauses described above are real, they turn on facts specific to you, and only an attorney licensed in Texas can tell you which of them your situation triggers.
Sources and further reading
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