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The Two-Year Deadline Under CPRC §16.003

Texas Civil Practice and Remedies Code §16.003 establishes a two-year statute of limitations for personal injury claims. The clock starts running on the date of the injury, and if you do not file your lawsuit within those two years, the court will almost certainly dismiss your case. The defendant does not need to prove that the delay caused them any harm. The expired deadline alone is a complete defense under Texas law.

This is one of the most unforgiving rules in the Texas legal system. It does not matter how strong your case is, how severe your injuries are, or how clearly the other party was at fault. If you miss the deadline by even one day, your claim is gone.

The Clock Starts on the Date of Injury, Not the Date You Hire an Attorney

Many injured Texans assume the two-year period begins when they first consult with a lawyer or when they finish medical treatment. That is not how Texas law works. Under §16.003, the limitations period begins on the date the injury occurs. For a car accident on I-35 or a slip and fall at an Austin grocery store, that date is usually clear. The crash happened on a specific day, and the two years runs from that day.

For some injuries, however, the date is not as obvious. Texas courts have developed specific rules for these situations.

The Discovery Rule in Texas

The Texas Supreme Court recognized the discovery rule in cases where an injury is inherently undiscoverable and objectively verifiable. Under this exception, the statute of limitations does not begin to run until the plaintiff knew or, through the exercise of reasonable diligence, should have known of the injury. The Court established this standard in cases like *S.V. v. R.V.*, 933 S.W.2d 1 (Tex. 1996), where it held that the discovery rule applies when the nature of the injury is such that it is unlikely to be discovered within the prescribed limitations period.

A practical example would be a medical device implanted during surgery in a Texas hospital. If the device was defective but the patient did not experience symptoms for three years, the discovery rule may toll the statute of limitations until the defect was discovered or reasonably should have been discovered.

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Government Claims Require a 6-Month Notice Under the Texas Tort Claims Act

If your injury was caused by a government entity, the rules are dramatically different and much more aggressive. Under the Texas Tort Claims Act, §101.101 of the Civil Practice and Remedies Code, you must provide formal written notice to the government body within six months of the incident.

This applies to accidents involving TxDOT road defects, City of Austin vehicle collisions (including APD and AFD vehicles), Capital Metro bus accidents, Travis County or Williamson County maintained roads and facilities, and any state agency vehicle or employee acting within the scope of their employment.

The notice must reasonably describe the damage or injury, the time and place of the incident, and the incident itself. Failure to send this notice within six months can destroy your claim entirely, even though the general two-year statute has not expired.

If a Capital Metro bus ran a red light and hit your car in downtown Austin, you would need to send a formal notice to Capital Metro within six months. If a pothole on a TxDOT-maintained highway caused a blowout and rollover, the notice must go to TxDOT within six months. These deadlines are strictly enforced by Texas courts.

Minors and the Tolling of Limitations

Under CPRC §16.001, if the injured person is a minor (under 18 years old at the time of the injury), the statute of limitations is tolled until the minor turns 18. At that point, the standard two-year clock begins. This means a child injured in a car accident at age 10 would generally have until age 20 to file a lawsuit.

However, this tolling applies to the minor's claim only. If a parent brings a claim for medical expenses they incurred on behalf of the minor, the parent's claim is subject to the standard two-year limitations period from the date of injury.

Mental Incapacity Tolling Under §16.001

If the injured person is of "unsound mind" at the time the cause of action accrues, the statute of limitations is tolled until the incapacity is removed. This provision protects individuals who suffer traumatic brain injuries or other conditions that leave them unable to manage their legal affairs. The burden is on the plaintiff to prove the mental incapacity existed at the time the cause of action arose.

Product Liability and the 15-Year Statute of Repose

Texas has a unique statute of repose for product liability claims under CPRC §16.012. This statute creates an outer time limit of 15 years from the date the product was first sold. If you are injured by a defective product more than 15 years after its original sale, you are generally barred from bringing a product liability claim, regardless of when you discovered the defect. This is separate from and in addition to the two-year statute of limitations.

Medical Malpractice Deadlines Under CPRC Chapter 74

Medical malpractice claims in Texas are governed by CPRC §74.251, which imposes a two-year statute of limitations from the date of the breach of the standard of care or the date the medical treatment that is the subject of the claim is completed. Additionally, there is a 10-year statute of repose for medical malpractice claims, meaning no claim can be brought more than 10 years after the date of the act or omission, even if the injury was not discovered within that time.

Texas also requires that a medical malpractice plaintiff serve an expert report on each defendant within 120 days of filing the lawsuit under §74.351. Failure to serve the expert report within that window results in mandatory dismissal of the claim with prejudice.

Why Waiting Is Dangerous Even With Two Years

Two years sounds like a long time, but critical evidence in Texas personal injury cases disappears quickly. Surveillance video from businesses near an accident scene is typically overwritten within 30 to 90 days. Witnesses forget details and become harder to locate. The accident scene changes as roads are repaved, signals are updated, and conditions shift. Cell phone data, dashcam footage, and electronic logging device data from commercial trucks can be lost or overwritten within weeks.

Beyond evidence preservation, reaching maximum medical improvement (MMI) takes time for serious injuries. If you are six months into a year-long recovery before you even consult an attorney, the remaining time to investigate, negotiate, and potentially file a lawsuit shrinks dramatically.

Contact Medina & Medina Before Your Deadline Passes

If you have been injured in Texas, do not assume you have plenty of time. Between the standard two-year limitations period, the six-month government notice requirement, and the risk of losing critical evidence, acting early is always better. Call Medina & Medina at (512) 975-3155 for a free consultation. We will evaluate your claim, identify every applicable deadline, and protect your rights under Texas law. You pay nothing unless we win.

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Socio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.

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