Texas personal injury rules: deadlines, fault and government claims
Texas allows two years for personal injury suits, bars recovery when the claimant’s responsibility is greater than 50 percent, and requires notice to governmental units within six months under the Texas Tort Claims Act.
These summaries describe the general rule in each cited provision. Deadlines can be shortened, extended or paused by other rules, and the correct deadline depends on the type of claim, the defendant and the facts. If a deadline may be close, speak with a lawyer licensed in Texas promptly.
Filing deadline: personal injury
- Applies to
- Suits for personal injury
- In plain English
- A person must bring suit not later than two years after the day the cause of action accrues.
- Legal provision
- Tex. Civ. Prac. & Rem. Code § 16.003(a)
- Official source
- Texas Legislature, Texas Constitution and Statutes (opens in a new tab)
- Exceptions
- The section is subject to exceptions referenced in its text (§§ 16.010, 16.0031, 16.0045), and other periods apply to some claims such as health care liability claims. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Shared fault: proportionate responsibility
- Applies to
- Actions to which Chapter 33 applies, including most negligence actions
- In plain English
- A claimant may not recover damages if their percentage of responsibility is greater than 50 percent. Otherwise, damages are reduced by a percentage equal to the claimant’s responsibility.
- Legal provision
- Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012(a)
- Official source
- Texas Legislature, Texas Constitution and Statutes (opens in a new tab)
- Exceptions
- Chapter 33 also governs settlement credits and when defendants are jointly liable, which can affect the amount recovered. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Government claims: notice and damage limits
- Applies to
- Claims against governmental units under the Texas Tort Claims Act
- In plain English
- A governmental unit is entitled to notice of the claim not later than six months after the day of the incident, reasonably describing the injury, the time and place, and the incident. City charters may require notice within a different permitted period. Liability of state government is limited to $250,000 per person and $500,000 per occurrence for bodily injury or death.
- Legal provision
- Tex. Civ. Prac. & Rem. Code §§ 101.101(a)–(b), 101.023(a)
- Official source
- Texas Legislature, Texas Constitution and Statutes (opens in a new tab)
- Exceptions
- Different damage limits apply to local governmental units. The Act waives immunity only for specific categories of claims, so many claims against governmental units are not permitted at all. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
What this page does not cover
This page does not cover medical malpractice, product liability, workers’ compensation, wrongful death procedure, damage caps outside government claims, insurance minimums, or every exception within the cited statutes. ClaimSettleIQ’s Settlement Estimator does not apply these rules automatically; its fault illustration uses only the rule you select.