Texas' Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

Personal Injury Actions

These actions must be filed within two years of the date that the injury occurred.

Medical Malpractice Actions

Actions against health-care providers must be brought within two years of the date that the act giving rise to the injury occurred. This statute applies to minors 12 and older. Minors under 12 have until their 14th birthday to file suit. Claims against managed care entities and HMOs must comply with various utilization review requirements under the Texas Insurance Code before suit can be filed.

Products Liability Actions

Products liability actions must be brought within two years after the plaintiff suffers the injury.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor’s 18th birthday.