Texas Civil Practice & Remedies Code
§ 16.001 – Tolling of Limitations
Table of Contents
Statutory Text:
“(a) For the purpose of this subchapter, a person is under a legal disability if the person is:
(1) younger than 18 years of age, regardless of whether the person is married; or
(2) of unsound mind.(b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.”
Summary & Explanation – Code § 16.001
Texas law allows for a tolling or pause in the standard statute of limitations when the injured party is either:
A minor under 18 years old
Mentally incapacitated (unsound mind)
This tolling provision means the limitations “clock” does not start running until the disability is removed—i.e., the minor turns 18 or the mental incapacity is resolved.
Example Scenario
A 16-year-old is injured in a car accident. While the general statute of limitations for personal injury is 2 years (per § 16.003), § 16.001 pauses that timeline until they turn 18. The injured person has until their 20th birthday to file suit.
Legal Interpretation & Use
- Applies to personal injury, wrongful death, medical malpractice, and negligence-based claims
- Tolling is automatic when proven, but the burden is on the plaintiff to establish their disability existed at the time the cause of action accrued
- Does not apply to business entities or to parents filing on behalf of minors (only to the minor’s own right to sue)
Relevance to Personal Injury Claims
§ 16.001 plays a crucial role in:
Child injury cases
Brain injury or mental incapacity claims
Medical malpractice claims involving minors
Attorneys use it to extend the filing window when the client couldn’t have reasonably acted within the normal limitations period.
Related Statutes
§ 16.003 – Two-Year Limitations for Personal Injury
§ 74.251 – Medical Malpractice Limitations
Case Law Interpreting § 16.001
Texas courts have clarified and applied § 33.001 in numerous personal injury and tort cases. Below are several notable decisions that illustrate how the comparative responsibility statute functions in real-world litigation:
Texas Supreme Court held that a person claiming tolling under “unsound mind” must show they were unable to participate in legal proceedings during the limitations period.
Doe v. Roman Catholic Diocese of Amarillo, 362 S.W.3d 803 (Tex. App.—Amarillo 2012, no pet.)
The court clarified that disability must exist at the time the claim accrues—not develop later—to qualify for tolling under § 16.001.
Frequently Asked Questions About § 16.001
Houston Personal Injury Lawyer - Joel A. Gordon
A person under 18 or mentally incapacitated (“of unsound mind”) at the time of injury.
Only if the plaintiff (not the decedent) was under a legal disability at the time the cause of action accrued.
No. The statute only applies if the disability existed at the time the cause of action began.
Yes. A parent may file on behalf of a minor, but this does not waive or shorten the minor’s own extended right under § 16.001.