A statute of limitations is a law that sets a deadline for filing a lawsuit. If you wait too long to take legal action after something happens, you may lose your right to go to court.
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The most common statutes of limitations in Texas are set by the Texas Civil Practice and Remedies Code and are consistently applied by Texas courts. The one-year period applies to defamation and malicious prosecution, the two-year period to personal injury and most torts, and the four-year period to breach of contract, fraud, and breach of fiduciary duty. When no specific period is provided, a residual four-year period applies. These rules are well-established and provide clear guidance for litigants and practitioners in Texas civil litigation.
In Texas, the time limits for filing different types of lawsuits are usually:
One Year Statute of Limitations
Where to find it: Texas Civil Practice and Remedies Code Section 16.002
What it covers: Cases about defamation (libel or slander, which means harm to your reputation) and malicious prosecution (being wrongfully sued or prosecuted).
What it means: You have one year from when the incident happened to file your lawsuit.
Two-Year Statute of Limitations
Where to find it:Texas Civil Practice and Remedies Code Section 16.003
What it covers: Most personal injury cases (like car accidents or slip-and-fall injuries), property damage, and other common types of harm (called “torts”).
What it means: You have two years from the date of the injury or damage to file your lawsuit.
Four-Year Statute of Limitations
Where to find it: Texas Civil Practice and Remedies Code Section 16.004
What it covers: Breach of contract (when someone doesn’t follow the terms of a contract), fraud (being tricked or deceived), and breach of fiduciary duty (when someone in a position of trust acts against your interests).
What it means: You have four years from when the problem happened or was discovered to file your lawsuit.
Other Deadlines
If a specific type of case isn’t listed above, Texas usually gives you four years to file (Texas Civil Practice and Remedies Code Section 16.051), unless a different law says otherwise—such as the three-year period under the Texas Business and Commerce Code for cases involving negotiable instruments. However, these cases are less frequently encountered than the one-, two-, and four-year periods.
Important Things to Know
When does the clock start?
Usually, the time limit starts when the injury or problem happens, but sometimes it starts when you discover the problem (like in fraud cases).
Are there exceptions?
Yes. Sometimes the deadline can be paused (for example, if the injured person is a minor or mentally incapacitated), but these situations are special and have their own rules.
What happens if you miss the deadline?
If you try to file a lawsuit after the statute of limitations has expired, the court will almost always dismiss your case.
Conclusion
If you think you might have a legal claim, it’s important to act quickly and talk to a qualified attorney to make sure you don’t miss your deadline.
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