Texas statute of limitations by claim
In Texas you generally have 2 years to sue for personal injury, 2 years for property damage, 4 years on a written contract and 4 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a)Injuries from sexual assault and related offenses have longer periods: 5 years (adult victims) or 30 years (child victims) under § 16.0045. |
| Medical malpractice | 2 years | Tex. Civ. Prac. & Rem. Code § 74.251(a)Repose: 10 years from the act or omission (§ 74.251(b)) Applies regardless of minority, except children under 12 have until their 14th birthday. Pre-suit notice tolls the period for 75 days (§ 74.051(c)). |
| Wrongful death | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Property damage | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a)Covers trespass for injury to property and conversion or taking of personal property. |
| Written contract | 4 years | Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051Suits on a debt are 4 years (§ 16.004(a)(3)); other contract claims fall under the 4-year residual period (§ 16.051). Sale of goods (UCC): 4 years, which the parties may shorten to 1 year (Bus. & Com. Code § 2.725). |
| Oral contract | 4 years | Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051Texas uses the same 4-year period for written and oral contracts. |
| Credit card / account debt | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (c)Debt buyers may not sue or start arbitration on consumer debt after the 4-year period, and a payment or oral or written reaffirmation does not revive a barred debt (Tex. Fin. Code § 392.307, added by H.B. 996, eff. Sept. 1, 2019). For other creditors, an acknowledgment of a barred claim counts only if written and signed by the debtor (§ 16.065). |
| Fraud | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(4)Breach of fiduciary duty is also 4 years (§ 16.004(a)(5)). |
| Defamation | 1 year | Tex. Civ. Prac. & Rem. Code § 16.002(a)Same 1-year period for libel and slander (also malicious prosecution). |
| Product liability | 2 years | Tex. Civ. Prac. & Rem. Code §§ 16.003, 16.012Repose: 15 years from the defendant's sale of the product, or longer if a written warranty states a longer useful safe life (§ 16.012(b)–(c)); latent-disease exception (§ 16.012(d)) The repose applies only to sales, not leases (§ 16.012(f)). |
What is different in Texas
Texas uses one 4-year period for written and oral contracts, and since 2019 a debt buyer may not sue on a consumer debt after those 4 years; a payment or a promise to pay does not revive it. Medical malpractice runs 2 years even for most children: a child under 12 has until the 14th birthday, and the 10-year repose still applies. Survivors of sexual assault have 5 years to sue, and survivors of child sexual abuse 30 years.
- Debt buyers cannot sue on consumer debt after the 4-year limitation period, and a payment or reaffirmation does not revive the debt; collection letters must say so (H.B. 996, 2019). (Tex. Fin. Code § 392.307)[10]
- Civil suits for injuries from child sexual abuse may be filed up to 30 years after the cause of action accrues; adult sexual assault claims have 5 years. Bills in 2025 to remove the 30-year limit (H.B. 179, H.B. 2022, S.B. 1167) died in committee. (Tex. Civ. Prac. & Rem. Code § 16.0045)[11]
- 2025 changes: Penal Code ch. 32 fraud offenses now have 7 years, and the new real property theft and real property fraud offenses have 10 years; art. 12.01 was amended by four 2025 acts, the last (S.B. 16, 2nd called session) effective Dec. 4, 2025. (Tex. Code Crim. Proc. art. 12.01(2)(I)–(J), (3)(A))[12]
- Product liability claims are cut off 15 years after the defendant sold the product, whatever theory is pleaded. (Tex. Civ. Prac. & Rem. Code § 16.012)[13]
When the clock starts and stops
We could not confirm from the statute text how Texas applies the discovery rule; check the statute before counting from the date you discovered the harm. (Computer Associates Int'l v. Altai, Inc., 918 S.W.2d 453 (Tex. 1996))
Minors. Texas pauses the clock while the injured person is a minor: the period starts at age 18. Time under age 18 is not counted. Medical malpractice: minors under 12 must file by their 14th birthday, and the 10-year repose still applies (§ 74.251).[6]
Other tolling. The defendant's absence from Texas suspends the period (§ 16.063); unsound mind tolls like minority (§ 16.001); disabilities cannot be tacked (§ 16.001(c)).
Suing the government in Texas
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Notice describing the injury, time, place and incident within 6 months after the incidentSuit within the ordinary limitation period (2 years for personal injury, § 16.003). Formal notice is excused if the unit had actual notice of the death, injury or damage (§ 101.101(c)). | Tex. Civ. Prac. & Rem. Code § 101.101(a) |
| Cities, counties and other local entities | 6 months after the incident, or the shorter notice period in a city charter or ordinance (ratified by § 101.101(b))Suit within the ordinary limitation period (2 years for personal injury) | Tex. Civ. Prac. & Rem. Code § 101.101(a)–(b) |
Criminal statute of limitations in Texas
Most felonies in Texas: 3 years for felonies not otherwise listed; 5, 7, 10 or 20 years (or no limit) for listed offenses. Misdemeanors: 2 years; 3 years for misdemeanor assault against a family, household or dating partner.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 3 years for felonies not otherwise listed; 5, 7, 10 or 20 years (or no limit) for listed offensesArticle 12.01 was amended in 2025 by H.B. 1778, S.B. 127 and S.B. 2798 (eff. Sept. 1, 2025) and by S.B. 16 (89th Leg., 2nd C.S., eff. Dec. 4, 2025). Penal Code ch. 32 offenses now have 7 years. | Tex. Code Crim. Proc. art. 12.01 |
| Misdemeanors | 2 years; 3 years for misdemeanor assault against a family, household or dating partner | Tex. Code Crim. Proc. art. 12.02 |
| No time limit | Murder and manslaughter; sexual assault or aggravated sexual assault of a child; continuous sexual abuse of a young child; indecency with a child; sexual assault with untested or unmatched DNA evidence or 5+ victims; fatal leaving the scene of a collision; child trafficking; tampering with a human corpse; and other listed offenses | Tex. Code Crim. Proc. art. 12.01(1) |
| Sexual assault | Adult victim: 10 years, or no limit if DNA evidence is untested or matches no known person or there are 5+ victims. Child victim: no limit for sexual assault, aggravated sexual assault, continuous sexual abuse and indecency with a child. | Tex. Code Crim. Proc. art. 12.01(1)–(2) |
| Theft | Felony theft and robbery: 5 years; theft by an executor, guardian or trustee, theft of government property by a public servant, and real property theft (new in 2025): 10 years. |
Worked example
A rear-end crash on I-35 in Austin on June 14, 2025: under the personal injury deadline is June 14, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2032.
For a claim of $20,000 or less, Texas’s small claims (Justice Court (small claims case)) is usually faster and cheaper; see our Texas small claims court guide.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Texas?
What is the statute of limitations on debt in Texas?
Does the statute of limitations pause for minors in Texas?
What crimes have no statute of limitations in Texas?
What is the wrongful death statute of limitations in Texas?
What is the medical malpractice statute of limitations in Texas?
Sources
- Tex. Civ. Prac. & Rem. Code § 16.003(a): personal injury limitation period
- Tex. Civ. Prac. & Rem. Code § 74.251(a): medical malpractice limitation period
- Tex. Civ. Prac. & Rem. Code § 16.003(b): wrongful death limitation period
- Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051: written contract limitation period
- Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (c): credit card / account debt limitation period
- Tex. Civ. Prac. & Rem. Code § 16.001: tolling for minors
- Tex. Civ. Prac. & Rem. Code § 101.101(a): claims against the state
- Tex. Civ. Prac. & Rem. Code § 101.101(a)–(b): claims against local government
- Tex. Code Crim. Proc. art. 12.01: criminal limitation periods
- Tex. Fin. Code § 392.307
- Tex. Civ. Prac. & Rem. Code § 16.0045
- Tex. Code Crim. Proc. art. 12.01(2)(I)–(J), (3)(A)
- Tex. Civ. Prac. & Rem. Code § 16.012
- Texas small claims (official court self-help)