In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. This comes from Texas Civil Practice and Remedies Code §16.003, which sets a two-year limitations period for personal injury, wrongful death, and most negligence claims. Miss that window and a Texas court will almost certainly dismiss your case, no matter how strong it is. Below is a direct, no-filler rundown of the rules that actually decide a Texas injury case: the deadline, the fault rule, the damage caps, the insurance system, and dog-bite liability — each tied to the actual Texas statute, not a lawyer's marketing page.
Texas Personal Injury Statute of Limitations: 2 Years
Texas Civil Practice and Remedies Code §16.003 gives you two years from the date the injury occurred (or, in a wrongful-death case, two years from the date of death) to file suit for personal injury, property damage, or wrongful death. This two-year clock covers most everyday injury claims — car crashes, slip-and-falls, dog bites, product injuries, and general negligence.
There are narrower and different deadlines for certain claims (medical malpractice has its own two-year period tied to the date of the negligent act under Chapter 74, and claims against a government entity require a separate, much shorter notice — see below). Because accrual dates, discovery rules, and tolling for minors can shift the actual deadline in a specific case, confirm your exact filing date against the current text of Chapter 16 or with a Texas attorney rather than relying on a general rule of thumb.
Texas's Shared-Fault Rule: Modified Comparative Negligence, 51% Bar
Texas uses modified comparative negligence with a 51% bar, codified in the proportionate-responsibility statute, Civil Practice and Remedies Code Chapter 33. Under §33.001, if your percentage of responsibility is greater than 50% for your own injury, you recover nothing. If you're found 50% or less at fault, you can still recover, but your damages are reduced by your own percentage of fault.
Example: a jury awards $100,000 in total damages but finds you 30% at fault. You collect $70,000. If the jury instead finds you 51% at fault, you collect $0, even though the other side was still mostly to blame.
Insurance adjusters routinely use this rule to push down settlement offers by inflating your share of fault, so don't accept a fault percentage from an adjuster without pushing back or getting it reviewed.
Texas does not cap economic damages (medical bills, lost wages, future earning capacity) in an ordinary personal injury case. But two specific categories are capped by statute:
Medical Malpractice: Noneconomic Damages Capped
Under Civil Practice and Remedies Code Chapter 74 (the Texas Medical Liability Act), noneconomic damages (pain and suffering, mental anguish, loss of consortium, disfigurement) against a physician or non-institutional health care provider are capped at $250,000 per claimant under §74.301. Claims against health care institutions carry a separate $250,000-per-institution cap, up to a combined $500,000 where more than one institution is liable. These caps apply only to noneconomic damages in health care liability claims — they do not limit your recoverable medical expenses or lost income, and they do not apply to an ordinary car crash or premises-liability claim.
Punitive (Exemplary) Damages: Capped
Under Civil Practice and Remedies Code Chapter 41, exemplary (punitive) damages generally cannot exceed the greater of (1) $200,000, or (2) two times economic damages plus an amount equal to noneconomic damages up to $750,000. Exemplary damages require clear and convincing proof of fraud, malice, or gross negligence — they are not awarded in a routine negligence case. Certain intentional-crime-related conduct is exempted from the cap.
Cap amounts and exceptions have been the subject of ongoing litigation and legislative amendment in Texas, so confirm the current dollar figures and any exceptions against the statute's current text (or with a Texas attorney) before relying on a specific number.
Texas is an at-fault (tort) state, not a no-fault/PIP state. The driver who caused the crash — and that driver's liability insurer — is responsible for the other side's medical bills, lost wages, and property damage. There is no requirement that you first exhaust your own no-fault coverage before pursuing the at-fault driver.
The Texas Department of Insurance requires drivers to carry minimum liability coverage of 30/60/25: at least $30,000 per person and $60,000 per accident for bodily injury, and $25,000 for property damage. Insurers must also offer personal injury protection (PIP) and uninsured/underinsured motorist coverage, but a driver can reject PIP in writing — it is not automatically bundled the way true no-fault PIP is in a no-fault state. Because minimum limits are often far less than actual medical costs after a serious crash, check your own and the other driver's coverage early.
Texas does not have a single civil dog-bite statute setting strict liability for every bite. Instead, Texas courts follow a version of the "one-bite" (knowledge-based) rule: an owner is liable if they knew, or reasonably should have known, that the dog had dangerous or vicious tendencies, and the dog then injures someone. A dog does not have to have bitten someone before for an owner to be on notice — prior aggressive behavior can be enough.
Separately, Texas Health and Safety Code Chapter 822, Subchapter D sets administrative and registration duties once a dog is formally declared "dangerous" by a local authority (secure enclosure, leash and muzzle rules, mandatory liability insurance or financial responsibility of at least $100,000, registration within 30 days). This dangerous-dog statute is largely regulatory rather than a standalone civil-damages statute, but a documented "dangerous dog" finding, or an owner's failure to comply with it, can be strong evidence of the owner's prior knowledge in a negligence or one-bite civil claim.
Claims Against the Government: Shorter Deadlines Apply
If your injury involves a Texas city, county, school district, transit authority, or other governmental unit (a city bus, a pothole on a city street, a fall in a government building), the ordinary two-year deadline is not enough by itself. The Texas Tort Claims Act, Civil Practice and Remedies Code Chapter 101, requires that you give the governmental unit written notice of your claim — describing the injury, the time and place, and the incident — within six months of the incident under §101.101, unless the unit already had actual notice.
Many cities have adopted their own charters or ordinances requiring notice in as little as 45 to 90 days, which is legal and enforceable even though it's shorter than the state's six-month default. Miss the applicable notice deadline and your claim can be barred entirely, even if you still file the lawsuit within two years. Confirm the specific notice period for the city or agency involved as soon as possible after the incident.
Personal injury lawsuits in Texas are filed in state court — typically a Texas district court, though smaller claims may go through a county court at law or, for very small amounts, justice court. Which specific court and county has jurisdiction depends on the amount in controversy and where the defendant lives or the incident occurred. The Texas Judicial Branch's court website explains the state's court structure if you need to confirm where to file.
What to Do in Texas After an Injury
Get medical care and document it. Contemporaneous medical records are the backbone of any Texas injury claim, and delayed treatment gives an insurer an argument that your injury wasn't serious or wasn't caused by the incident.
Identify who might be a government defendant. If a city vehicle, government employee, or public property was involved, treat the six-month (or shorter local) notice deadline as urgent — it can run out long before the two-year lawsuit deadline.
Preserve fault evidence early. Because Texas cuts off recovery entirely once your share of fault passes 50%, photos, witness contact information, and a written account of how the incident happened matter more in Texas than in a pure comparative-fault state.
Check both drivers' insurance limits if a car crash is involved, since Texas's 30/60/25 minimums are often inadequate for serious injuries.
Track your own two-year deadline under Civil Practice and Remedies Code §16.003 (or the applicable medical-malpractice or government-claim deadline), and don't wait until it's close to confirm the exact date with a Texas attorney or the current statute text.
Frequently Asked Questions
How long do I have to sue for a personal injury in Texas?
Generally two years from the date of injury, under Civil Practice and Remedies Code §16.003. Different, often shorter, notice deadlines apply to claims against a Texas government entity.
Can I still recover damages in Texas if I was partly at fault?
Yes, as long as you're found 50% or less at fault. Your damages are reduced by your fault percentage. If your share of fault is greater than 50%, Texas law bars recovery entirely under Chapter 33.
Does Texas cap how much I can recover for pain and suffering?
Only in medical malpractice cases, where noneconomic damages are capped at $250,000 per claimant against a provider (with a separate institutional cap) under Chapter 74. There is no general noneconomic damages cap for car accidents, slip-and-falls, or most other injury claims.
Is Texas a no-fault insurance state?
No. Texas is an at-fault (tort) state. The driver who caused the crash is financially responsible, and you generally pursue that driver's liability insurer rather than your own no-fault coverage.
What happens if a dog bites me in Texas?
Texas follows a "one-bite"/knowledge-based rule: the owner is liable if they knew or should have known the dog was dangerous. There is no single statute imposing automatic strict liability for every bite, so evidence of the dog's prior behavior matters.
This article is for general information only, is not legal advice, and does not create an attorney-client relationship; confirm current deadlines and rules with the Texas statutes or a licensed Texas attorney before acting.
Frequently asked questions
How long do I have to sue for a personal injury in Texas?
Generally two years from the date of injury, under Civil Practice and Remedies Code §16.003. Government-entity claims require separate, shorter written notice — often six months or less.
Can I still recover damages in Texas if I was partly at fault?
Yes, if you're found 50% or less at fault, your damages are reduced by your fault percentage. If your share of fault is greater than 50%, Texas law (Chapter 33) bars recovery entirely.
Does Texas cap pain-and-suffering damages?
Only in medical malpractice cases, capped at $250,000 per claimant against a provider under Chapter 74. There is no general cap on noneconomic damages for car accidents or most other injury claims.
Is Texas a no-fault insurance state?
No. Texas is an at-fault (tort) state with 30/60/25 minimum liability limits; you generally pursue the at-fault driver's insurer rather than a no-fault policy.
What is Texas's rule for dog bites?
Texas follows a one-bite/knowledge-based rule — an owner is liable if they knew or should have known the dog was dangerous — rather than a single statute imposing automatic strict liability for every bite.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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