Statute of Limitations in Texas | Deadlines for Injury, Contract, Property & Other Claims

Introduction

Every legal claim has a statute of limitations — a time limit to file a lawsuit. If you wait too long, even a strong case may be dismissed forever. Understanding these deadlines is important so you know how long you have to bring a claimand when the clock starts ticking.

This article summarizes the statute of limitations for most major civil claims in Texas, written in plain English so you can understand the general timelines and exceptions. Every situation is fact-specific, and deadlines can be extended or shortened in certain circumstances.

When Does the Clock Start?

Usually, the clock starts when:

• The injury occurs, or

• The wrongful act happened

But sometimes the discovery rule applies — the clock starts when a person knew or reasonably should have known about the injury.

Examples:

• A defective product causing latent harm

• Fraud concealed for years

• Medical malpractice not immediately obvious

Further, statute of limitations may Toll, or pause when:

• The claimant is a minor

• The defendant is absent from the state

• There is fraudulent concealment

• The person is mentally incapacitated

Not automatic — fact-dependent.

Texas Statute of Limitations by Type of Claim:

Injury & Negligence-Based Claims

• Personal injury (car accident, slip and fall, general negligence) 2 years

• Premises liability (unsafe property) 2 years

• Wrongful death 2 years from date of death

• Survival action 2 years

• Tort claims not otherwise listed Usually 2 years

Medical Malpractice Claims

• Generally, 2 years from the date of the negligent act.

• Minors have until age 14.

• Some claims are subject to a 10-year statute of repose, meaning claims cannot be brought after that time regardless of when the negligence was discovered.

Contract Claims

• Written contracts 4 years

• Oral or verbal contracts 4 years

• UCC goods contracts generally 4 years, unless modified

Business, Financial, & Commercial Claims

• Breach of fiduciary duty 4 years (sometimes 2, depending on nature)

• Fraud 4 years (discovery rule often applies)

• DTPA consumer claims 2 years from the act or discovery

• Debt collection generally 4 years

• Quantum meruit/unjust enrichment generally 4 years

Defamation Claims

• Libel or slander 1 year

Property and Real Estate Claims

• Trespass to real property 2 years

• Damage to property 2 years

• Real estate fraud 4 years (often discovery based)

• Adverse possession 3, 5, or 10+ years (depending on the circumstances)

Products Liability Claims

• Product liability 2 years from injury or discovery