Were you hurt in a car accident, a fall, or another sudden injury in Hays County, Texas? You have a limited window to file a personal injury claim. Under Texas law, that window is two years from the date you were hurt. This is the Texas personal injury statute of limitations, and it comes from the state’s Civil Practice and Remedies Code. Miss it, and a Texas court will almost always dismiss your case. That holds true no matter how strong the evidence is. LGR Law Firm is a personal injury law firm founded in 2010. Our attorneys are licensed across Texas, and our office in nearby Austin serves clients throughout Hays County. That includes San Marcos, Kyle, Buda, and Wimberley. This guide covers how the deadline works, what can pause it, and how a Hays County injury claim moves through the local court system.
Texas’s Two-Year Deadline for Personal Injury Claims
Texas sets one general deadline for most personal injury lawsuits. It’s shorter than a lot of people expect.
Texas Civil Practice and Remedies Code Chapter 16 sets that deadline at two years. The clock starts the day the injury happened. It covers most of the claims we see out of Hays County. That includes car and truck wrecks on I-35 and RM 12, motorcycle wrecks, slip-and-falls, and other injuries caused by someone else’s negligence. Wrongful death claims get two years as well. For those, the clock starts on the date of death, not the date of the underlying incident.
The two years run from the date of the incident. They do not run from the day you decided to pursue a claim. They do not run from the day your medical treatment ended. Say you were rear-ended on I-35 through San Marcos. The two years start the day of the crash. Our car accident practice area page and truck accident practice area page cover how negligence and liability get proven in those cases. This post sticks to the filing deadline and to how a claim moves once it’s filed in Hays County.
KEY TAKEAWAY
Texas gives most personal injury claimants two years from the date of the incident to file suit, under Civil Practice and Remedies Code Chapter 16. It is not two years from when treatment ends or when you first talk to a lawyer.
When the Clock Starts, and What Can Pause It
The two-year deadline isn’t always a simple count from the day of the crash. A few situations change when the clock starts or how long you have.
Some injuries aren’t obvious right away. Certain soft-tissue and internal injuries take time to show clear symptoms. In narrow cases, Texas courts apply what they call the “discovery rule.” When it applies, the clock starts when the injury was found, or when it reasonably should have been found. Minors and people under a legal disability are treated differently too. For them, the statute can pause, or “toll,” until the disability ends. These exceptions are narrow and turn on the facts. A court won’t apply one just because a claimant believes it should.
Claims against a government entity work on a separate, much shorter timeline. Say a city vehicle, a public roadway defect, or another governmental unit was involved in your accident. The Texas Tort Claims Act generally requires formal notice to that unit within six months. Some cities set even shorter local notice periods. That notice deadline runs alongside the two-year statute of limitations. It does not replace it. Miss the notice, and a claim can be barred long before the two-year mark.
These exceptions are narrow. The government-notice deadline is far shorter than most people assume. So the safest move after any injury is to get the facts of your accident reviewed early. Don’t assume you have the full two years.
KEY TAKEAWAY
Discovery-rule and minority tolling exceptions exist, but they’re narrow. If a governmental entity was involved, Texas generally requires notice within six months — far sooner than the two-year lawsuit deadline.
Where a Hays County Personal Injury Claim Gets Filed
Once a claim is ready to file, where it goes depends on the type of case and the amount of damages involved.
In Texas, personal injury lawsuits are generally filed in the state trial courts. District courts have general civil jurisdiction. Statutory county courts at law handle a large share of civil cases too, within limits set by the Legislature and local rule. In Hays County, both the district courts and the county courts at law sit at the Hays County Government Center. The address is 712 S. Stagecoach Trail in San Marcos. They keep separate offices there — District Court in Suite 3240 and the County Courts at Law in Suite 2292. Which court a case lands in depends on the amount in controversy and the claims involved. The county’s own court pages keep those details current, since the dollar limits are set by the Legislature and can change.
Venue rules also matter. Texas generally requires a personal injury suit to be filed in one of three places. It can be the county where the accident happened, the county where the defendant lives, or the county where the defendant’s principal office sits. Think of a crash on I-35 in San Marcos or a fall at a Kyle business. Hays County is usually the proper venue for those, even if the at-fault driver or business is based elsewhere.
KEY TAKEAWAY
Hays County personal injury claims are filed with either the district courts or the county courts at law at the Hays County Government Center in San Marcos. Venue generally follows the county where the injury happened.
What Happens If You Miss the Deadline
Missing the statute of limitations is one of the few mistakes in a personal injury case that usually can’t be fixed after the fact.
Say a lawsuit is filed after the two-year deadline has passed. The defendant can then raise the statute of limitations as a defense. Texas courts will typically dismiss the case on that basis alone. It won’t matter how clear the liability is or how serious the injuries are. Insurance adjusters know the deadline too. Some of them slow-walk settlement talks, hoping a claimant runs out the clock without filing suit. Once the deadline passes, that leverage disappears. In most cases, so does any way to recover through the courts.
This is why the deadline matters even if you’re still negotiating with an insurance company. A pending settlement conversation doesn’t pause the statute of limitations. A claim can still need to be filed to protect your position while negotiations continue.
Steps to Take Before Your Filing Deadline Approaches
A few practical steps make it easier to protect your claim well before the two-year mark:
- Write down the exact date of your accident or injury. In most cases, that’s the date the clock starts.
- Keep records of medical treatment as it happens. Don’t try to rebuild the timeline later.
- Speak up right away if a government vehicle, agency, or public property was involved. That notice deadline is much shorter than two years.
- Don’t assume an ongoing insurance negotiation protects your deadline. It doesn’t pause the statute of limitations.
- Get your timeline reviewed well before the two-year mark. Waiting until the final weeks leaves no room to investigate and file properly.
Our earlier post on why acting early matters after a car accident covers why evidence and medical documentation degrade the longer you wait. Our post on what the personal injury claim process looks like covers the steps a case goes through after it’s filed.
Talk to a Hays County Personal Injury Attorney Before Time Runs Out
The statute of limitations is one of the least forgiving deadlines in Texas personal injury law. Hays County’s local court process also has its own venue and filing details that are easy to get wrong without guidance. LGR Law Firm’s attorneys work with injured clients across Central Texas, including Hays County, from our Austin office. We handle these cases on contingency — you don’t pay unless we recover for you. See our full list of personal injury practice areas, or call (512) 800-8000 for a free consultation. We can review your timeline before your deadline gets closer.
Frequently Asked Questions
What is the statute of limitations for a personal injury claim in Texas?
Texas generally gives you two years from the date of the injury to file a personal injury lawsuit. That rule comes from Civil Practice and Remedies Code Chapter 16. It covers most negligence-based claims, including car accidents, truck accidents, and slip-and-falls. A few narrow exceptions can change when the clock starts. Even so, the two-year rule is the standard most claimants fall under.
Does the two-year deadline apply to every type of injury claim in Hays County?
Most negligence-based personal injury claims in Hays County follow the general two-year deadline. Wrongful death claims get two years as well. For those, the clock runs from the date of death, not the date of the underlying incident. Claims involving a government entity carry a separate, much shorter notice deadline. That one applies on top of the two-year filing window.
What happens if I miss the Texas personal injury statute of limitations?
Say you file suit after the two-year deadline has passed. The defendant can raise the statute of limitations as a defense. Texas courts will typically dismiss the case on that basis, no matter how strong the evidence is. In practice, that ends any way to recover compensation through a lawsuit for that injury.
Can the filing deadline be paused or extended in a Hays County case?
In limited circumstances, yes. Texas recognizes a few narrow exceptions. One pauses the clock for minors and people under a legal disability. Another is the “discovery rule,” which can apply to injuries that weren’t immediately apparent. These exceptions turn on the facts and aren’t applied automatically. It’s worth having your timeline reviewed rather than assuming an exception applies.
Where are personal injury lawsuits filed in Hays County, Texas?
Hays County personal injury cases are generally filed with either the Hays County district courts or the statutory county courts at law. Both sit at the Hays County Government Center in San Marcos, in separate offices. Which court handles a given case depends on the amount in controversy and the claims involved.
What’s the difference between Hays County’s District Court and County Court at Law for injury claims?
District courts are the Texas trial courts of general civil jurisdiction. Statutory county courts at law handle a large share of civil cases too, within limits set by the Texas Legislature and local rule. For a specific case, jurisdiction depends on factors like the amount of damages sought. The county’s own court pages keep those details current.
Do I need to notify a government agency separately if a city vehicle or public entity was involved in my accident?
Generally, yes. Texas law requires formal notice to a governmental unit within six months of an incident involving that unit. Some Hays County cities set their own local notice periods, which can be shorter. This notice deadline runs separately from the two-year statute of limitations, and it comes much sooner. It needs attention early.
Should I wait until close to my filing deadline to talk to a personal injury attorney?
No. Waiting until the final weeks leaves little time to investigate the accident or gather medical records. It also leaves little time to identify every deadline that applies to your claim, including any shorter government-notice period. Reviewing your timeline early gives your case the best chance of being filed correctly and on time.
This information is for educational purposes and does not constitute legal advice. Every case is unique — contact our office for a free consultation about your specific situation. Past results do not guarantee future outcomes.
About The Author
Kenneth "Tray" Gober III, J.D., is the Managing Partner of Lee, Gober & Reyna, PLLC in Austin, Texas. A 2005 magna cum laude graduate of Texas A&M University and a cum laude graduate of Baylor Law School, Tray is admitted to the State Bars of Texas (Bar No. 24061986), Colorado, Louisiana and Pennsylvania. He is also admitted to the U.S. Supreme Court, U.S. Court of Appeals for the Fifth Circuit, U.S. District Court — Western District of Texas and U.S. District Court — Eastern District of Texas.
He represents personal injury clients across Texas in car accidents, truck accidents, autonomous vehicle claims, wrongful death, drunk driving collisions, premises liability, and product liability matters. He is one of Texas's most frequently quoted legal voices on the law surrounding autonomous vehicles and AI-driven transportation. Tray also served as an adjunct professor of Paralegal Studies at the University of Texas School of Law.