The two-year rule
Section 16.003 of the Texas Civil Practice and Remedies Code sets a two-year limit for personal injury suits. The same limit covers damage to your car or other property. Someone hurt in a crash on March 3, 2026 has until early March 2028 to file.
Wrongful death claims also get two years, counted from the date of the death, which can be later than the date of the accident. A family whose father died in the hospital three weeks after a crash has two years from the day he died.
Only a petition filed in court stops the clock. Negotiations with an adjuster, a police report and a claim number from the insurer don't, however long the talks run.
When the clock starts, and when it waits
For most injuries the clock starts the day of the accident. Texas law pauses it while the injured person is under 18: the two years don't start running until their 18th birthday, so a child hurt at 10 generally has until age 20 to sue. The same pause applies to a person of unsound mind. A disability that starts after the clock is already running doesn't stop it, though: a man who is hurt in a fall and develops dementia a year later still has only the original two years.
Medical malpractice has its own rules. The two years run from the date of the negligent treatment, or from the end of a course of treatment. A child under 12 has until their 14th birthday. And there's an outer limit of 10 years after which no malpractice suit can be filed, even if the problem was found late. Before suing a doctor or hospital, you have to send written notice by certified mail at least 60 days ahead, and that notice adds 75 days to the deadline.
Shorter deadlines you can miss without knowing
Claims against a government body move much faster. If a city truck hit you, or you fell on a broken sidewalk outside a county building, Texas law requires written notice to the government unit within six months, describing the injury, when and where it happened, and what happened. City charters can set an even shorter period, so a claim against the City of McAllen, Edinburg or Pharr needs the charter checked right away. The notice rule doesn't apply if the government unit already knew about the injury, but proving that is harder than sending a letter. We explain how these claims work in our article on falls on government property.
A work injury covered by workers' compensation adds a 30-day deadline to report it to your employer and a one-year deadline for the claim itself; a McAllen workplace injury lawyer can check both.
Why waiting hurts a claim even inside the deadline
Two years sounds like plenty, but evidence starts to disappear much sooner. Skid marks fade, a property owner repairs the broken step you tripped on, and witnesses move away or lose the details. Medical records from the first weeks matter most, because they tie your injuries to the accident. The insurer, meanwhile, is gathering its own version of what happened, and under Texas's fault rules every share of blame it can put on you lowers what you recover.
A lawyer can also file before the deadline when a settlement isn't coming together, so the talks can continue with the case already on file. For an injury in Hidalgo or Cameron County, a McAllen personal injury lawyer can work out which of these deadlines applies and when it runs out.
This article is general information. It is not medical or legal advice, and reading it does not create an attorney-client relationship. Read our disclaimer.
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the Southern District of Texas. Handles personal injury and immigration cases at Alex Martinez Law.
