Key facts: Texas
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Texas follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Texas
Two years from the day the cause of action accrues. Wrongful death runs two years from the date of death under § 16.003(b). The discovery rule applies. Minor tolling pauses the clock until age 18 (file by 20th birthday). Notice deadlines for claims against governmental units are shorter and vary by entity under the Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code Ch. 101.
Related: Texas comparative negligence rule
Texas follows a modified 51% bar rule. Texas follows modified comparative negligence with a 51% bar. A claimant whose percentage of responsibility is greater than 50% may not recover damages. At 50% or below, damages are reduced in proportion to the claimant’s share of fault. Codified as "proportionate responsibility" in Chapter 33 of the Civil Practice and Remedies Code.
Read the full Texas comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Texas attorney before relying on it.