Texas Civil Statute of Limitations Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed June 10, 2025

Every state has laws that dictate the time limit for filing civil lawsuits. These laws are called the statute of limitations. There are different statutes of limitations for different types of claims, and they can vary by state. For example, in Texas, you have two years to file a personal injury claim but only one year to pursue someone for slander.

If you don't file your complaint within the statute of limitations period, the court will dismiss your claim. You’ll lose your chance to pursue damages.

This article examines Texas’s civil statutes of limitations, including the specific time limits for the various types of causes of action. If you still have questions about your case, refer to the additional FindLaw resources at the end of this section or contact a Texas personal injury lawyer.

What Is the Average Statute of Limitations for Civil Claims in the State of Texas?

Many civil claims fall under personal injury. This includes car accidents, slip-and-fall cases, and other cases involving negligence. Most states, including Texas, have a two-year statute of limitations for personal injury, and the clock starts on the date of the injury. This is similar to the filing deadlines in other states.

For other types of legal actions, the civil statute of limitations laws range from one to five years, depending on the type of claim. For instance, Texas has a one-year statute of limitations for defamation, a four-year statute of limitations for fraud, and a five-year time limit for cases involving sex crimes.

Do the Texas Courts Ever Extend the Statute of Limitations?

The courts are rigorous when it comes to the statutes of limitations. If you don’t file your claim within the time period dictated by Texas law, the courts will dismiss your claim. This can happen in one of two ways.

Usually, the court clerk will see that your claim is not timely when you submit your complaint. They will reject your claim and return it to you unfiled.

If the court clerk doesn’t see that your claim is out of time, the defendant will undoubtedly notice. They will file a motion to dismiss with the court, and the judge will have no choice but to grant their request.

There are times when the court will toll the statute of limitations. Tolling is another way of saying the court will pause the clock. For example, under the Discovery Rule, the court will not start the statute of limitations clock until the plaintiff discovers, or should have discovered, their injury. This is common in cases involving latent injuries and illnesses, such as asbestosis and mesothelioma.

It’s worth noting that Texas courts are not as generous as courts in other jurisdictions when applying this rule. Texas law only allows for tolling under the discovery rule in exceptional circumstances.

The court may also toll the statute of limitations in the following situations:

The plaintiff is a minor at the time of their injury or accident
The plaintiff (or defendant) is mentally incapacitated
The defendant evades service of process (i.e., flees the state, ignores all court correspondence, etc.)

The legal process in any civil case can be overwhelming. It’s a good idea to seek legal representation to ensure that you file your claim on time.

Texas Civil Statutes of Limitation Laws: Summary

The Texas Civil Practice and Remedies Code governs the civil statutes of limitations. The table below summarizes Texas laws regarding filing time periods for various types of cases.

Texas Civil Statute of Limitations for Personal Injury	Two years (T.C.P.R.C. § 16.003(a))
Texas Civil Statute of Limitations for Product Liability	Two years (T.C.P.R.C. § 16.003(a))
Texas Civil Statute of Limitations for Wrongful Death	Two years from the date of death (T.C.P.R.C. § 71.001)
Texas Civil Statute of Limitations for Malicious Prosecution	One year (T.C.P.R.C. § 16.002)
Texas Civil Statute of Limitations for Breach of Fiduciary Duty	Four years (T.C.P.R.C. § 16.004)
Texas Civil Statute of Limitations for Libel/Slander	One year (T.C.P.R.C. § 16.002)
Texas Civil Statute of Limitations for Fraud	Four years (T.C.P.R.C. § 16.004(a)(4))
Texas Civil Statute of Limitations for Personal Property Damage	Two years (T.C.P.R.C. § 16.003(a))
Texas Civil Statute of Limitations for Professional Malpractice (Medical malpractice, legal malpractice, etc.)	Two years from the date of the occurrence (maximum of 10 years) (T.C.P.R.C. § 74.251)
Texas Civil Statute of Limitations for Trespass	Two years (T.C.P.R.C. § 16.003(a))
Texas Civil Statute of Limitations for Collection of Rents	Four years (T.C.P.R.C. § 16.004(a)(3))
Texas Civil Statute of Limitations for Breach of Contract	Written Contract: four years for real property (T.C.P.R.C. § 16.004(a)(3))
Texas Civil Statute of Limitations for Collection of Debt on Account	Four years (T.C.P.R.C. § 16.004(a)(3))
Texas Civil Statute of Limitations for Judgments	10 years (T.C.P.R.C. § 16.066)

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify Texas laws.

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