Texas at a glance
Texas generally allows two years to sue for personal injury or for an injury resulting in death.[1] A governmental unit is entitled to notice of a claim within six months.[2] A person more than 50% responsible cannot recover.[3] Drivers must carry at least $30,000/$60,000 in bodily injury coverage, and PIP is included in every Texas auto policy unless rejected in writing.[4]
Filing deadlines
Personal injury and death: Civil Practice and Remedies Code § 16.003
A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the date that the injury resulting in death occurs.
Source: [1]
Subsection (a) of the same section sets the same two-year limit for personal injury: suit must be brought “not later than two years after the day the cause of action accrues.”[1]
Claims against governmental units: § 101.101
A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.
Source: [2]
The notice must reasonably describe the injury claimed, the time and place of the incident, and the incident itself.[2] The Texas Tort Claims Act also limits liability of the state and of municipalities to $250,000 for each person and $500,000 for each single occurrence for bodily injury or death.[5]
Shared fault
Civil Practice and Remedies Code § 33.001
In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
Source: [3]
Texas uses modified comparative fault, often called the 51% bar. An injured person who is 50% or less responsible can recover damages reduced by their share; at 51% or more, recovery is barred.[3]
Damage caps
Exemplary (punitive) damages: § 41.008(b)
Exemplary damages may not exceed an amount equal to the greater of: (1) (A) two times the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000.
Source: [6]
In health care liability claims, § 74.301 limits noneconomic damages against a physician or health care provider other than a health care institution to “an amount not to exceed $250,000 for each claimant.”[7]
Auto insurance requirements
The Texas Department of Insurance states: “Texas law requires you to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage.”[4] TDI also explains that “All auto policies in Texas include PIP coverage. If you don’t want it, you must tell the company in writing,” and that for uninsured/underinsured motorist coverage, “Insurance companies must offer you this coverage. If you don’t want it, you must tell the company in writing.”[4]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Texas Civil Practice and Remedies Code § 16.003. Texas Constitution and Statutes. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- Texas Civil Practice and Remedies Code § 101.101. Justia. https://law.justia.com/codes/texas/civil-practice-and-remedies-code/title-5/chapter-101/subchapter-d/section-101-101/
- Texas Civil Practice and Remedies Code § 33.001. Justia. https://law.justia.com/codes/texas/civil-practice-and-remedies-code/title-2/subtitle-c/chapter-33/subchapter-a/section-33-001/
- Texas Department of Insurance. “Auto insurance guide.” https://www.tdi.texas.gov/pubs/consumer/cb020.html
- Texas Civil Practice and Remedies Code § 101.023. Justia. https://law.justia.com/codes/texas/civil-practice-and-remedies-code/title-5/chapter-101/subchapter-b/section-101-023/
- Texas Civil Practice and Remedies Code § 41.008. Texas Constitution and Statutes. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
- Texas Civil Practice and Remedies Code § 74.301. Justia. https://law.justia.com/codes/texas/civil-practice-and-remedies-code/title-4/chapter-74/subchapter-g/section-74-301/
Sources last checked: October 11, 2026
