Texas Statutes of Limitations for Civil Cases: A Complete Guide

Overview of Texas Limitation Periods

Texas civil statutes of limitations are codified primarily in the Texas Civil Practice and Remedies Code (CPRC). These deadlines are strictly enforced; missing a limitations period typically results in dismissal of your claim. Understanding which limitation applies to your specific cause of action is essential for any litigant.

Cause-of-Action Limitations by Category

Personal Injury

Limitation Period: 2 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.003(a)

When the Clock Starts: The limitations period runs from the date the cause of action accrues—generally the date the injury occurs, even if the plaintiff is unaware of it at that moment.

Key Point: This is one of Texas's shortest limitations periods. It applies to bodily injury claims resulting from negligence, assault, battery, and similar torts.

Breach of Written Contract

Limitation Period: 4 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.051

When the Clock Starts: The clock begins when the breach occurs. For ongoing breaches (e.g., a contract for repeated services), each failure to perform may constitute a separate accrual.

Key Point: Written contracts receive longer protection than personal injury claims, reflecting the parties' ability to negotiate and document their rights.

Breach of Oral Contract

Limitation Period: 4 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.051

When the Clock Starts: Same as written contracts—when the breach occurs.

Practical Note: Oral contracts are notoriously difficult to prove. Even within the 4-year window, you must establish clear evidence of the agreement's terms, consideration, and breach.

Fraud

Limitation Period: 4 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.051

When the Clock Starts: Generally when the fraud is discovered (or reasonably should have been discovered), not when it was committed. This is an important discovery rule application in Texas law.

Key Point: Because fraud often involves concealment, Texas applies the discovery rule more generously here than in some other contexts. The plaintiff must exercise reasonable diligence to discover the fraud, but does not bear an unreasonable burden.

Property Damage

Limitation Period: 2 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.003(a)

When the Clock Starts: When the damage occurs. This includes damage to personal property (vehicles, equipment) and real property (buildings, land improvements).

Practical Tip: Property damage claims often arise from negligence. The 2-year window is shorter than many people anticipate, so prompt investigation and notice are critical.

Medical Malpractice

Limitation Period: 2 years from discovery; 10-year repose period maximum

Statute Citation: Tex. Civ. Prac. & Rem. Code § 74.251(b)

When the Clock Starts: From the date the injured party discovers (or in the exercise of reasonable care should discover) the injury and its cause-and-effect relationship to the defendant's alleged breach of the standard of care.

Repose Period Exception: Tex. Civ. Prac. & Rem. Code § 74.251(b) imposes an absolute 10-year outside limit from the date of the negligent act or omission, regardless of when discovery occurs. This is called a repose period.

Key Point: This statute is among the most litigated in Texas. The "discovery" and "reasonable care" language creates significant room for dispute. Texas courts have held that the discovery rule applies only when the plaintiff cannot discover the injury and causation through reasonable diligence; it does not extend simply because the plaintiff did not recognize a medical problem's origin.

Wrongful Death

Limitation Period: 2 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.003(a)

When the Clock Starts: From the date of death, not from the date of the underlying negligent act.

Important Note: Wrongful death claims are derivative—they do not survive the decedent's independent personal injury claim. The beneficiaries must file within 2 years of death or lose the right to recover.

Defamation (Libel and Slander)

Limitation Period: 1 year

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.002(a)

When the Clock Starts: From the date of publication (for libel) or utterance (for slander).

Practical Consideration: One year is extremely short. Many plaintiffs discover defamatory statements only after the limitations period has passed, especially with digital content that circulates slowly over time.

Trespass

Limitation Period: 2 years (for trespass to land or personal property)

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.003(a)

When the Clock Starts: When the trespass occurs. For continuing trespasses (e.g., a neighbor encroaching on your property), each day of trespass may constitute a separate accrual, allowing a new limitations period to begin.

Key Point: The "continuing trespass" doctrine can be valuable for property owners facing persistent encroachments; it means you are not barred entirely once two years pass.

Debt Collection and Promissory Notes

Limitation Period: 4 years

Statute Citation: Tex. Civ. Prac. & Rem. Code § 16.051

When the Clock Starts: From the date the debt becomes due (the maturity date on a promissory note, or the date of default for an open account).

Practical Note: Partial payments or written acknowledgment of the debt may restart the limitations clock under certain circumstances, though this rule is narrowly construed in Texas.

The Discovery Rule and Delayed Accrual

Texas recognizes the discovery rule in limited contexts, primarily fraud and medical malpractice. Under this rule, the cause of action accrues when the plaintiff discovers (or should discover through reasonable diligence) both the injury and its causal connection to the defendant's conduct.

Critical Limitation: Texas courts have narrowed the discovery rule significantly. It does not apply simply because a plaintiff was unaware of a problem; the plaintiff must show that the nature and cause of the injury could not have been discovered through reasonable care.

Tolling Provisions: When the Clock Pauses

Texas law provides several circumstances under which the limitations period is suspended (tolled):

Minority

Citation: Tex. Civ. Prac. & Rem. Code § 16.031

If the plaintiff is a minor when the cause of action accrues, the limitations period does not run until the minor reaches age 18. However, the minor's parent or guardian may sue on the minor's behalf within the normal limitations period.

Mental Incapacity

Citation: Tex. Civ. Prac. & Rem. Code § 16.031

If the plaintiff is mentally incapacitated at the time the cause of action accrues, the limitations period does not run. However, once a guardian is appointed or the incapacity ends, the period resumes.

Absence from Texas

Citation: Tex. Civ. Prac. & Rem. Code § 16.051

If the defendant is continuously absent from Texas, the time of absence does not count toward the limitations period.

Practical Limitation: This tolling applies only to the defendant's absence, and only if the plaintiff has not obtained personal jurisdiction over the defendant.

Military Service

Federal Statute: Under the Servicemembers Civil Relief Act (50 U.S.C. § 3953), the limitations period may be tolled for active-duty military members.

Texas Application: Texas courts recognize this federal tolling, though the details depend on the specific military service and jurisdiction.

What Happens When You Miss the Deadline

Dismissal is Nearly Automatic

Once a defendant raises the statute of limitations as an affirmative defense, dismissal is standard unless the plaintiff can identify an applicable tolling provision or successful discovery rule argument.

No Equitable Exceptions (Generally)

Unlike some jurisdictions, Texas law provides no equitable estoppel or relation-back doctrines that allow courts to overlook missed deadlines. The statute of limitations is mandatory and strictly enforced.

Summary Judgment Success

Defendants frequently win summary judgment on limitations grounds because the accrual date is a question of law, not fact (in many contexts). If the plaintiff cannot establish an applicable tolling or discovery rule provision, the court will grant summary judgment dismissing the case.

Calculating the Deadline: Practical Steps

1. Identify the exact cause of action — determine which statute of limitations applies by reviewing the specific legal claims.

2. Determine the accrual date — pinpoint when the limitations period begins (injury, breach, discovery, death, etc.).

3. Count forward — add the specified number of years. In Texas, if a deadline falls on a weekend or holiday, the next business day is the final deadline under certain rules.

4. Check for tolling — confirm whether the plaintiff was a minor, mentally incapacitated, or absent from the state during the running period.

5. File before midnight on the final day — filing a complaint stops the clock; simply calling an attorney does not.

Critical Tip: Use a calendar or legal deadline tracking software. Missing a limitations period by one day results in dismissal.

Texas-Specific Rules and Pitfalls

The Discovery Rule is Narrow in Texas

Many pro se litigants and newer attorneys overestimate the scope of Texas's discovery rule. The Texas Supreme Court has repeatedly held that it applies only when a plaintiff exercises reasonable diligence and still could not discover the cause of action.

Accrual is Generally Objective, Not Subjective

The clock does not start when you become aware of a problem; it starts when the injury or breach occurs (or is reasonably discoverable).

No Relation Back for Statute of Limitations

Unlike some procedural defects that can be cured by amending a complaint, missing the statute of limitations generally cannot be fixed by relation back under Texas Rule of Civil Procedure 15.

Contractual Waivers are Unenforceable

Parties cannot contract around Texas's statutory limitations periods, even if they agree in writing to extend or shorten them.

Key Takeaways