How Long Do I Have to Sue After an Accident in Texas?
In Texas, you generally have 2 years from the date of the accident to file a personal injury lawsuit. If you miss that deadline (called the 'statute of limitations'), you usually lose the right to claim. There are exceptions that can shorten or extend it, so it's best to review your case as soon as possible.
After an accident, many families focus first on recovering — and rightly so. But something runs quietly from day one: the legal deadline to file a claim. In Texas this deadline is called the 'statute of limitations,' and if you miss it, you usually lose forever the right to seek compensation. Here's how long you have and why you shouldn't wait.
The general rule: 2 years in Texas
For most personal injury cases in Texas — car, work, truck, pedestrian accidents — the law generally gives you 2 years from the date of the accident to file your lawsuit. Two years may sound like a lot, but it goes by fast when you're focused on healing, your family, and getting back to work.
The deadline is counted from the day of the accident, not from when you recover or when you get your medical bills. That's why it's key to know your exact date and not let time slip away.
Exceptions that can change the deadline
The 2-year rule isn't absolute. Some situations can shorten or extend your deadline. These are some of the most important — but since every case is different, always confirm with a lawyer:
Shorter deadlines (be careful!)
- Claims against a government entity (for example, a crash with a city or state vehicle) usually require a formal notice in far less time — sometimes a few months. Missing that notice can end your case.
- Some contract or insurance deadlines can be shorter than the 2-year legal limit.
Deadlines that can be extended
- If the injured person is a minor, the deadline may not start running the same way until they reach a certain age.
- In certain cases where the injury isn't discovered right away, the deadline may be adjusted.
Don't wait until you're 'sure' to take care of your health. At Ruiz & Associates we connect you with doctors who treat you now and get paid from your final settlement. You pay nothing out of pocket, and your documented treatment strengthens your case from the start.
Why waiting can cost you the case
Even though you have 2 years, waiting is almost never a good idea. As time passes:
- 1Evidence disappears: cameras get overwritten, cars get repaired, the scene changes.
- 2Witnesses forget details or become hard to track down.
- 3Untreated injuries get worse and harder to connect to the accident.
- 4The insurer can use the delay to argue you weren't really hurt.
The sooner you start, the stronger your case. That's why the best move is to talk to a lawyer early — even if it's just to understand your options.
What if the deadline already passed?
If the legal deadline has already expired, the court usually won't accept your lawsuit, no matter how serious your injury was. That's why, even if you think it's too late, it's worth consulting: exceptions exist, and only a lawyer can review your exact date and situation.
With more than 30 years of experience in Texas courts, Ruiz & Associates helps you understand your deadlines and act in time to protect your case. We serve Eagle Pass, Maverick County, San Antonio, and all of Texas. The consultation is free and we work on contingency: you pay nothing unless we win.
Frequently asked questions
How long do I have to sue for a car accident in Texas?+
Generally 2 years from the date of the accident for personal injury cases. There are exceptions that can change that deadline, so it's best to confirm with a lawyer.
Is the deadline the same if I sue a city or the state?+
Not necessarily. Claims against government entities usually require a formal notice in much less time, sometimes a few months. It's important to act fast and consult right away.
My minor child was injured. Does the same 2-year deadline apply?+
For minors, the deadline can work differently and sometimes doesn't start the same way. Every case is unique; a lawyer can explain how it applies to your child.
I think a lot of time has passed. Can I still consult?+
Yes. Even if you think it's late, exceptions exist and it's worth reviewing your exact date. The consultation is free and confidential.
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This article is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.