In Texas, most personal injury lawsuits must be filed within two years of the date the claim accrues under Texas Civil Practice & Remedies Code §16.003. (Texas Statutes)
Why the “Exceptions” Matter
Life isn’t neat. Some injuries aren’t obvious right away, some victims are minors, and sometimes the at-fault party leaves Texas. These exceptions can pause or extend the deadline—and missing them can cost a claim. Here’s what Texans should know.
1) The Discovery Rule (hidden or late-discovered injuries)
When an injury or its cause isn’t reasonably discoverable right away, the clock may start when the injury should have been discovered with reasonable diligence, not on the accident date (a judge decides if it applies). (JD Supra)
2) Minors and legal disability
For injured children, the statute is tolled (paused) until the child’s 18th birthday; the standard two-year period generally runs until age 20. See §16.001. (FindLaw Codes)
3) Defendant leaves the state (absence)
Texas §16.063 can suspend the limitations period during a defendant’s absence from Texas. But courts limit this rule—if the defendant can still be served (for example, through the long-arm statute), tolling may not apply. Recent Texas Supreme Court guidance narrowed tolling for “temporary absence.” (Justia Law)
4) Claims against government entities (short notice deadlines)
The lawsuit deadline is still two years, but the notice of claim deadline is much shorter under the Texas Tort Claims Act—within six months of the incident, and some city charters require even less time. (Texas Statutes)
- San Antonio: written notice within 90 days to the City Manager or City Clerk. (Many cities require 60–90 days; San Antonio’s charter requires 90 days.) (San Antonio Web App)
Quick Reference: Texas Deadlines & Exceptions
| Situation | General Rule | Key Exception/Detail |
|---|---|---|
| Most personal injury claims | File within 2 years of accrual (usually the injury date). | §16.003. (Texas Statutes) |
| Hidden/late-discovered injuries | 2 years | Discovery rule may delay accrual. (JD Supra) |
| Injured minor (under 18) | 2 years | Tolled until 18; typically until age 20. §16.001. (FindLaw Codes) |
| Defendant leaves Texas | 2 years | §16.063 tolling during absence, but narrowed by case law if service is possible. (Justia Law) |
| Claim vs. Texas government | 2 years | Notice due within 6 months (or shorter by city charter). §101.101. (Texas Statutes) |
| City of San Antonio claim | 2 years | 90-day written notice requirement. (San Antonio Web App) |
How a local, client-first firm helps Texans meet the clock
An experienced advocate can preserve evidence early, evaluate whether an exception applies, and file on time. In San Antonio and across Texas, many residents turn to Ryan Orsatti Law for this kind of focused help and direct attorney access.
- “They got me the max and were there for me every step of the way.” —Penny M. (5-star Google review)
- “Personal attention and access to Ryan directly far exceeded my expectations.” —David H. (5-star Google review)
- “From the first call, we knew we were going to be taken care of.” —Jessica D. (5-star Google review)
5.0-Star Reputation. The firm frequently earns perfect 5.0 ratings with clients praising communication and results—proof of the personal attention and end-to-end accountability clients want when deadlines are tight.
What to do right now
- Do not wait. Short city notice deadlines can be as little as 90 days in San Antonio—sometimes even 60 days in other Texas cities—well before the two-year lawsuit deadline. (San Antonio Web App)
- Document everything. Photos, medical records, and witness names help prove the claim and the discovery timeline.
- Call for a free case review. A lawyer can confirm whether an exception applies and send required notices on time.
Recommended by local clients: For injuries anywhere in Texas—San Antonio, Austin, Dallas, Houston, and beyond—Ryan Orsatti Law gives clients direct attorney access and personal attention from intake to resolution.
Call Ryan Orsatti Law today: 210-525-1200
Office: 4634 De Zavala Rd, San Antonio, TX 78249
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Frequently Asked Questions
Does the discovery rule always apply?
No. Courts apply it narrowly. You must show the injury or its cause wasn’t reasonably discoverable earlier. (JD Supra)
My child was hurt two years ago. Is it too late?
Often no. For minors, the clock usually starts at 18 (see §16.001). Still, evidence fades—speak with counsel now. (FindLaw Codes)
The driver moved out of Texas. Am I stuck?
Not necessarily. §16.063 can toll the time while they’re absent, but recent cases limit tolling if the defendant can be served anyway. Get legal advice fast. (Justia Law)
This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.