Statutes of Limitations in Civil Lawsuits

A statute of limitations is the time limit in which a lawsuit must be filed. If you do not file your lawsuit during the statute of limitations period, you will likely not be able to pursue your claim in court because the statute of limitations has expired.  

In Texas, the statute of limitations for damage to personal property is two years. If you are in a car accident and your car is damaged, you have two years from the day of the accident to file a lawsuit to recover damages to repair your car.  

Yes. A statute of limitations period is based on the type of civil claim your lawsuit is based on and the state you are filing in. It is very important that you know the statute of limitations for your claim and state. 

In Texas, the statutes of limitations are provided by the Texas Civil Practice and Remedies Code 16.002(a). The civil statutes of limitations laws are anywhere from one to five years. 

• Libel: Texas Civil Practice and Remedies Code 16.002(a)  

• Slander: Texas Civil Practice and Remedies Code 16.002(a)  

• Malicious prosecution: Texas Civil Practice and Remedies Code 16.002(a) 

In Texas, actions involving some types of trespass to personal rights or property rights have a two-year statute of limitations, which is the norm for such claims. 

• Personal injury:  Texas Civil Practice and Remedies Code 16.003(a)  

• Property damage: Texas Civil Practice and Remedies Code 16.003(a)  

• Wrongful death: Texas Civil Practice and Remedies Code 16.003(b)  

• Trespass: Texas Civil Practice and Remedies Code 16.003(a) 

Texas also has a four-year statute of limitations for lawsuits involving contractual obligations. 

• Breach of fiduciary duty: Texas Civil Practice and Remedies Code 16.004(a)(5) 

• Certain debt collection claims: Texas Civil Practice and Remedies Code 16.004(a)(3) 

• Fraud: Texas Civil Practice and Remedies Code 16.004(a)(4) 

• Specific performance of contract for conveyance of real property: Texas Civil Practice and Remedies Code 16.004(a)(1) 

• Breach of contract: Texas Civil Practice and Remedies Code 16.004 or Texas Business and Commerce Code 2.725. 

• Claims in which no other statute of limitation is expressly applicable: Texas Civil Practice and Remedies Code 16.051. Note: This limitation does not apply to lawsuits seeking to recover land. 

See Statutes of Limitation for Crimes.