InjuryTexas gives you 2 years from the date of injury to file a personal injury lawsuit, under Civil Practice and Remedies Code §16.003. There's an important additional wrinkle for certain product liability claims that catches many claimants off guard.
The 2-Year Deadline — And a 15-Year Outer Limit for Products
The standard personal injury deadline in Texas runs 2 years from the date of the injury. But for product liability claims, Texas also imposes a 15-year statute of repose under CPRC §16.012, measured from the date the product was originally sold — meaning a defective product injury occurring more than 15 years after the product was sold may be barred entirely, even if you're well within the standard 2-year window from the date of injury itself.
| Deadline Type | Runs From | Tolled for Minors? |
|---|---|---|
| Statute of limitations | Date of injury | Yes — until age 18 |
| Statute of repose (products) | Date product was sold | No — absolute cutoff |
⚠️ Unlike the standard statute of limitations, the statute of repose is generally an absolute outer deadline that isn't tolled for minors or anyone else — it can bar older product liability claims regardless of when the injury actually occurred or who was injured.
Modified Comparative Fault: The 51% Bar
Separately from the filing deadline, Texas uses modified comparative fault with a 51% bar. If you're found 50% or less at fault for your own injury, you can recover damages reduced by your fault percentage; at 51% or more, you recover nothing.
What the 51% Bar Looks Like in Dollars
To make that threshold concrete, here's an illustrative — not a real case — scenario using the same multiplier method described on our settlement calculator: a claimant with $18,000 in medical bills and $6,000 in lost wages from a moderate injury, valued with a 3× pain-and-suffering multiplier.
The same $96,000 claim swings from roughly $57,600 down to nothing at all depending on which side of the 51% line the fault finding lands — which is why disputing the fault percentage itself is often the single highest-stakes issue in a Texas personal injury case.
Why Documentation Matters Early in Texas
Because both the standard deadline and, for product cases, the statute of repose run from fixed dates rather than from when you discover the full extent of your injury, prompt medical evaluation and record-keeping helps ensure you don't inadvertently let critical evidence — or time — slip away.
How Texas Compares to Other High-Traffic States
| State | Filing Deadline | Fault Rule | Notable Feature |
|---|---|---|---|
| Texas | 2 years | Modified comparative (51% bar) | 15-year statute of repose for product claims |
| California | 2 years | Pure comparative fault | Recovery allowed even at 99% fault |
| Florida | 2 years (since Mar. 2023) | Modified comparative (51% bar) | Cut from 4 years to 2 years by HB 837 |
| New York | 3 years | Pure comparative fault | Medical malpractice carve-out at 2.5 years |
See our California, Florida, and New York guides for how each state's deadline and fault rule changes an injured person's options.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Texas?
Generally 2 years from the date of injury under CPRC §16.003.
What is Texas's statute of repose for products?
A 15-year outer limit from the date the product was sold, for product liability claims under CPRC §16.012 — separate from, and not tolled the same way as, the standard 2-year injury deadline.
Does the statute of repose apply to injured children the same way as the statute of limitations?
No. While the standard 2-year statute of limitations is generally tolled until a minor turns 18, the 15-year product liability statute of repose is an absolute deadline that is not extended for minors.
How much of a $96,000 claim would I recover in Texas at different fault levels?
Under Texas's modified comparative fault rule, a claimant found 40% at fault in a $96,000 claim would recover about $57,600. At 51% or more at fault, recovery drops to $0 — Texas's 51% bar eliminates the claim entirely rather than merely reducing it.
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