Texas Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

Overview of Texas Statute of Limitations

Texas's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Texas Civil Practice and Remedies Code (CPRC) and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 6 months for claims against government entities to 4 years for written contract disputes and fraud claims. Some claims, such as medical malpractice, have complex rules with multiple overlapping deadlines and a statute of repose.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Texas. These are general time limits and special rules may apply depending on the specific facts of your case.

Personal Injury Claims in Texas

Under CPRC § 16.003, Texas's statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

• Car accidents and motor vehicle collisions
• Truck accidents and commercial vehicle crashes
• Slip and fall / premises liability cases
• Assault and battery
• Dog bites and animal attacks
• Workplace injuries (outside of workers' compensation)
• Product liability injuries

Discovery Rule

In some cases, the injury is not immediately apparent. Texas courts recognize the "discovery rule" in limited circumstances, which delays the start of the statute of limitations until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. Texas applies the discovery rule more narrowly than some other states. It is commonly applied in:

• Medical malpractice (hidden injuries)
• Toxic exposure cases
• Occupational diseases

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under CPRC § 16.001, the 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. However, there are important exceptions for medical malpractice claims.

Contract Disputes in Texas

Texas law provides a uniform statute of limitations for both written and oral contracts, which differs from many other states that have different deadlines for each.

Written Contracts

Under CPRC § 16.004, the statute of limitations for breach of a written contract is 4 years from the date the cause of action accrues (i.e., the date of the breach). This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements.

Oral Contracts

Unlike many states, Texas applies the same 4-year statute of limitations to oral contracts under CPRC § 16.004. This is longer than many states, which typically limit oral contract claims to 2 or 3 years. Oral contracts are enforceable in Texas for most purposes, though certain types of agreements must be in writing under the Statute of Frauds (Texas Business and Commerce Code § 26.01).

UCC Sales of Goods

For contracts involving the sale of goods, Texas's version of the Uniform Commercial Code (Tex. Bus. & Com. Code § 2.725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Medical Malpractice in Texas

Texas's medical malpractice statute of limitations is governed by CPRC § 74.251, part of the Texas Medical Liability Act. The rules are specific and include both a statute of limitations and a statute of repose:

Statute of Limitations

The statute of limitations for medical malpractice claims is 2 years from the date the treatment that gave rise to the claim was completed, or from the date the medical procedure that gave rise to the claim was completed. If the treatment involved a continuing course of care, the 2-year period begins on the date the course of treatment was completed.

Statute of Repose

Texas also imposes a 10-year statute of repose for medical malpractice claims. Under CPRC § 74.251(b), no claim may be filed more than 10 years after the date of the act or omission that gave rise to the claim, regardless of when the injury was discovered. This is an absolute bar with very limited exceptions.

Exceptions

• Foreign object: If a foreign object was left in the patient's body, the claim may be filed within 2 years of the date the plaintiff discovered or should have discovered the object
• Minors under 12: For medical malpractice claims involving a child under 12 years of age, the claim must be filed by the child's 14th birthday, or within the standard limitations period, whichever provides more time
• Fraud: If the healthcare provider fraudulently concealed the error, the statute of limitations may be tolled

Expert Report Requirement

Texas requires plaintiffs in medical malpractice cases to serve an expert report on each defendant within 120 days of filing the lawsuit. Failure to timely serve a compliant expert report may result in dismissal of the claim with prejudice and an award of attorney's fees to the defendant.

Property Damage Claims in Texas

Under CPRC § 16.003, the statute of limitations for property damage claims in Texas is 2 years. This applies to:

• Damage to real property (land, buildings, structures)
• Damage to personal property (vehicles, equipment, belongings)
• Trespass to real property
• Conversion (theft or unauthorized use of personal property)
• Vandalism and intentional property damage
• Vehicle accidents causing property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or foundation damage), the discovery rule may apply, but Texas courts apply it narrowly. A separate statute of repose may also limit the time to file for construction-related claims.

Debt Collection in Texas

The statute of limitations for debt collection in Texas is relatively straightforward compared to other states, as the same 4-year limit applies to most types of debt under CPRC § 16.004.

When Does the Clock Start?

For most debts in Texas, the statute of limitations starts from the date of default. Texas is notable because making a partial payment on a debt generally does not restart the statute of limitations, unlike many other states. However, a new written agreement to pay or a new promise to pay may restart the clock.

Wrongful Death Claims in Texas

Under CPRC § 16.003(b), the statute of limitations for wrongful death claims in Texas is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act, neglect, unskillfulness, or default of another.

Wrongful death claims in Texas may be filed by the surviving spouse, children, or parents of the deceased. Siblings and other extended family members generally cannot file a wrongful death claim unless no surviving spouse, child, or parent files within 3 months of the death.

Common Wrongful Death Scenarios

• Fatal car or truck accidents
• Medical malpractice resulting in death
• Workplace fatalities
• Defective products causing death
• Intentional acts of violence
• Premises liability incidents (e.g., drowning, unsafe conditions)

Survival Actions

In addition to wrongful death claims, Texas allows "survival actions" under CPRC § 71.021, which allow the estate of the deceased to pursue claims the deceased could have brought had they survived (such as pain and suffering before death). The statute of limitations for survival actions is also 2 years.

If the wrongful death claim is against a government entity, the 6-month notice deadline under the Texas Tort Claims Act applies instead.

Claims Against Government Entities in Texas

Texas imposes a significantly shorter deadline for claims against government entities under the Texas Tort Claims Act (TTCA), codified at CPRC § 101.101. The process requires advance notice before filing a lawsuit.

Notice of Claim Requirements

Under CPRC § 101.101, you must present a written claim for money damages to the governmental unit within 6 months of the date the injury occurred. The notice must include:

• The name and address of the claimant
• The date and location of the incident
• A description of the injury, damage, or loss
• The amount of damages claimed (for some governmental units)

This applies to claims against:

• The State of Texas
• Cities and municipalities
• Counties
• Public school districts and universities
• Public hospitals and transit authorities
• Any other political subdivision of the state

Important Limitations Under the TTCA

The Texas Tort Claims Act waives sovereign immunity only in limited circumstances. The TTCA caps damages at:

• $250,000 per person for personal injury (or $500,000 per occurrence for most governmental units)
• $100,000 per occurrence for property damage

Criminal Statute of Limitations in Texas

Texas's criminal statute of limitations is governed by the Texas Code of Criminal Procedure (CCP) Chapter 12. The deadlines vary based on the severity of the offense:

Crimes With No Time Limit

Under Texas Code of Criminal Procedure Art. 12.01, the following offenses can be prosecuted at any time:

• Murder and manslaughter — No time limit regardless of when the crime occurred
• Sexual assault of a child — When the victim is under 17 years of age
• Indecency with a child — Including contact and exposure offenses
• Continuous trafficking of persons — Ongoing human trafficking operations
• Compelling prostitution — When the victim is under 18 or a disabled person
• Leaving the scene of an accident — Where someone died

Theft Crimes

Theft offenses in Texas have varying limitation periods based on the circumstances:

• Theft by public servant — Seven years from the date of the offense
• Theft of any estate, property, or interest by a fiduciary — Seven years
• Forgery — Seven years
• Other theft, burglary, and robbery offenses — Five years

Violent Crimes

Violent offenses have different limitation periods:

• Murder — No time limit
• Manslaughter — No time limit
• Aggravated kidnapping — Five years (but can be extended if victim is under 18)
• Injury to elderly or disabled person — Seven years
• Abandoning or endangering a child — Five years

Fraud and Financial Crimes

White-collar and financial crimes have extended limitation periods:

• Fraud — Seven years from the date of the offense
• Identity theft — Seven years
• Money laundering — Seven years
• Credit card or debit card abuse — Seven years
• Insurance fraud — Five years
• Medicaid fraud — Seven years (five years for violations of securities transactions)
• Tax crimes — Seven years
• Misapplication of fiduciary property — Seven years
• Bigamy — Seven years

DWI and Driving Offenses

Driving-related offenses have the following limitation periods:

• Standard DWI (misdemeanor) — Two years
• DWI with injury or death — Can be charged as felony with longer periods
• Leaving the scene of an accident resulting in death — No time limit

Sex Crimes Against Minors

Texas has some of the most aggressive statutes of limitations for sex crimes against children in the country:

• Sexual assault of a child (under 17) — No time limit
• Indecency with a child — No time limit
• Compelling prostitution of a minor — No time limit
• Sexual abuse of young children — No time limit
• Exploitation of a child — Seven years
• Abandoning or endangering a child — Five years

For many sex crimes against minors, if the victim was under 18 at the time of the crime, the statute of limitations is tolled until 10 years after the victim's 18th birthday, or 20 years from the date of the offense, whichever is sooner.

Tolling and Exceptions in Texas

Under certain circumstances, Texas law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at CPRC § 16.001. The clock starts on the plaintiff's 18th birthday. However, note the special rules for medical malpractice claims involving children under 12.

Legal Disability (Mental Incapacity)

If the plaintiff is of unsound mind at the time the cause of action accrues, the statute of limitations may be tolled under CPRC § 16.001. The disability must exist at the time the cause of action accrues; subsequent disability generally does not toll the limitations period.

Defendant's Absence from the State

Under CPRC § 16.063, if the defendant is absent from Texas at the time the cause of action accrues, the period of absence is not counted toward the statute of limitations. This means the clock pauses while the defendant is out of state.

Discovery Rule

Texas courts recognize the discovery rule in limited types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. Texas applies the discovery rule more narrowly than many other states. It is typically available in:

• Medical malpractice (hidden injuries, foreign objects)
• Toxic exposure and environmental contamination
• Certain fraud cases
• Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations may be tolled until the plaintiff discovered or should have discovered the claim. The plaintiff must prove: (1) the defendant knew the material facts, (2) the defendant concealed those facts with the intent to induce reliance, and (3) the plaintiff did not know and could not have discovered the facts through reasonable diligence.

When Does the Statute of Limitations Clock Start in Texas?

Understanding when the statute of limitations begins is critical to determining whether your claim is timely. Texas law provides two main rules:

Occurrence Rule (General Rule)

For most claims in Texas, the statute of limitations begins on the date the injury occurred or the wrongful act was committed. This is called the "occurrence rule." For example:

• Car accident — Clock starts on the date of the crash
• Breach of contract — Clock starts on the date of the breach
• Assault — Clock starts on the date of the assault

Discovery Rule (Limited Exception)

Texas recognizes the discovery rule in limited circumstances. Under this rule, the clock does not start until the plaintiff discovered, or through reasonable diligence should have discovered, the injury. Texas applies this rule more narrowly than most states. It is typically available in:

• Medical malpractice (hidden injuries, foreign objects left in body)
• Toxic exposure and environmental contamination
• Certain fraud cases where the harm was concealed
• Occupational diseases that develop over time

How Criminal Prosecution Officially Begins

For criminal cases in Texas, the statute of limitations is satisfied if the prosecution is "commenced" before the deadline expires. Under Texas Code of Criminal Procedure, prosecution is commenced by:

• Filing an indictment or information — The formal charging document
• Filing a misdemeanor complaint — The standard way misdemeanor cases begin
• Issuing an arrest warrant — Only if the warrant identifies the defendant with sufficient specificity

Once the prosecution is commenced, the statute of limitations is satisfied even if the trial occurs years later.

DNA Evidence and Cold Cases in Texas

Texas has some of the most aggressive laws in the country for using DNA evidence to prosecute cold cases:

• No statute of limitations for sexual assault if biological matter is collected and tested, and the identity of the suspect is determined through DNA testing
• Extended limitation period — If DNA evidence identifies a suspect in a crime that would otherwise be time-barred, prosecutors may file charges within one year of the date the suspect's identity is conclusively established through DNA testing
• DNA database matches — If biological evidence from a crime scene is uploaded to the national DNA database (CODIS) and produces a match, the limitation period may be extended

These provisions were designed for cold cases where physical evidence was collected at the crime scene but DNA technology either did not exist or was not applied at the time. Combined with the elimination of the statute of limitations for many serious sex crimes, it means old cases can be revived decades later when a DNA database match identifies a suspect.

Challenging Charges Filed After the Deadline

If you believe a civil lawsuit or criminal charge was filed after the statute of limitations expired, you can raise the statute of limitations as an affirmative defense:

• In civil cases — The defendant files a motion to dismiss based on the expired statute of limitations. If the court finds the claim is time-barred, the case is dismissed without addressing the merits
• In criminal cases — The defense files a motion to dismiss under Texas Code of Criminal Procedure. The burden is on the defendant to prove the deadline has passed

In practice, statute of limitations disputes often hinge on when the clock started rather than simple calendar math. Prosecutors or plaintiffs may argue the discovery rule delayed the start date, that tolling paused the clock, or that the DNA evidence exception applies. Each of those arguments introduces factual questions that can prevent dismissal on a pretrial motion.

An expired statute of limitations is one of the strongest defenses available in a legal case, but proving it requires pinning down the exact dates when the offense occurred, when it was discovered, and whether any tolling events interrupted the countdown.

Legal References

The following Texas statutes govern the statute of limitations for various types of claims. Links lead to the official Texas legislative website:

• Texas Civil Practice and Remedies Code, Chapter 16 — General statute of limitations provisions
• CPRC § 16.003 — Personal injury (2 years)
• CPRC § 16.004 — Contract, fraud, property damage (4 years)
• CPRC § 16.002 — Defamation (1 year)
• CPRC § 74.251 — Medical malpractice (2 years, 10-year repose)
• CPRC § 101.101 — Texas Tort Claims Act (6-month notice)
• Texas Code of Criminal Procedure, Chapter 12 — Criminal statute of limitations
• CCP Art. 12.01 — Felonies (no limit for murder, certain sex crimes)
• CCP Art. 12.02 — Misdemeanors (2 years)
• CCP Art. 12.03 — Computation of time

Texas Statute of Limitations: Frequently Asked Questions

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice under the Texas Medical Liability Act, products liability, cases involving minors, and other specific situations. Always consult with a qualified Texas attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.