Texas Civil Practice & Remedies Code § 16.003 – Limitations for Personal Injury and Wrongful Death
Table of Contents
Statutory Text:
§ 16.003(a): “A person must bring suit for personal injury not later than two years after the day the cause of action accrues.”
§ 16.003(b): “A person must bring suit not later than two years after the day the cause of action accrues in an action for wrongful death.”
What Is the Texas Personal Injury Statute of Limitations?
Texas law imposes a strict 2-year deadline to file most personal injury lawsuits. This period begins on the date the injury occurs or the cause of action accrues (when the plaintiff knew or should have known about the injury).
Section 16.003 also applies to:
Wrongful death claims
Survival actions
Negligence-based injury suits (e.g., car accidents, premises liability, product liability)
When Does the Clock Start?
The limitation period generally begins when:
The injury occurs (e.g., date of accident)
Or when the injury is discovered or discoverable (in some exceptions)
For wrongful death claims, the 2-year period starts from the date of death, not necessarily the date of the incident.
Example Scenario
A person is injured in a fall on July 1, 2022.
Under § 16.003, they must file their personal injury lawsuit by July 1, 2024, or they are barred from recovery.
If someone dies on August 10, 2023, from accident-related injuries, their family must file a wrongful death claim by August 10, 2025.
Legal Interpretation & Use
Texas courts interpret § 16.003 strictly. A missed deadline almost always results in a case dismissal unless:
Tolling statutes apply (e.g., § 16.001 for minors or the mentally incapacitated)
Fraudulent concealment delayed discovery of the harm
Discovery rule is triggered (only in very narrow cases like medical malpractice or latent injuries)
Relevance to Personal Injury Claims
This statute governs nearly all tort-based claims in Texas.
Missing the deadline can result in a total loss of legal rights.
Plaintiffs must act promptly or risk losing their case regardless of its merit.
Related Statutes
- § 16.001 – Tolling for Legal Disability
- § 74.251 – Medical Malpractice Limitations
- § 71.004 – Wrongful Death Actions
Texas Case Law Interpreting § 16.003
Reaffirmed that the statute begins to run on the date the plaintiff discovered, or reasonably should have discovered, the injury.
Established that in rare cases, like legal malpractice, the discovery rule may apply to delay accrual under § 16.003.
Frequently Asked Questions About § 16.003
Houston Personal Injury Lawyer - Joel A. Gordon
2 years from the date of injury under § 16.003(a).
Yes. Under § 16.003(b), wrongful death lawsuits must be filed within 2 years from the date of death.
Only in limited cases, such as if the injured person is a minor or mentally incapacitated (see § 16.001), or if the discovery rule applies.
Your case is likely to be dismissed permanently, regardless of how strong your evidence may be.