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Texas Statute Of Limitations
The statute of limitations for personal injury claims in Texas is established in Texas Civil Practice & Remedies Code section 16.003, which specifies that “every civil action for personal injury” must be filed within two years after the day the cause of action accrues — that is, two years from the date of the accident causing the harm.
If you want to ask Texas’s courts for a civil remedy (damages) for your losses following another person’s careless or intentional behavior that causes you harm, the two-year deadline applies whether the case is driven by the liability principle of “negligence” (which applies to most accidents) or intentional tort (which applies to civil assault, battery, and other purposeful conduct).
In situations where more than two years have passed since the underlying accident, but you attempt to file your personal injury lawsuit anyway, the defendant (the person you’re trying to sue) will almost certainly file a “motion to dismiss” and bring this point up in court. The court will summarily dismiss your case unless you are entitled to extra time under a specific circumstance (more on these exceptions later).
If you have concerns relating to the Texas statute of limitations, particularly if the deadline is fast approaching or has already passed, it’s probably time to consult with Texas Personal Injury Lawyers. Call us immediately for a free consultation at (888) 997-2148.
What Happens If The Texas Statute Of Limitations For Personal Injury Deadline Passes?
Failure to file your action within the specified statute of limitations period may result in the loss of your right to bring a lawsuit. If you miss your deadline, you will not be able to collect any money regardless of the validity of your underlying claims.
As a result, it is critical that you act as soon as possible after your personal injury accident. Doing so can help you keep your rights and receive the compensation you deserve.
Exceptions To The Texas Personal Injury Statute Of Limitations
In Texas, there are a variety of ways that the statute of limitations “clock” may be delayed, or the clock stopped after it has begun to run, effectively extending the filing date. Here are a few examples of situations that might alter the usual timetable:
- If the injured person is “under a legal disability” under Texas law, meaning he or she is less than 18 years old or “of unsound mind,” At the time of the underlying accident or incident that caused the injuries, the two-year “clock” is likely to begin ticking only after the period of legal disability has ended (when the injured person reaches 18 or regains mental competence). (Texas Civil Practice & Remedies Code section 16.001)
- If the defendant who is accused of causing the plaintiff’s injuries (the claimant) leaves Texas before a lawsuit can be filed, the time spent away won’t be considered part of the two years. (Texas Civil Practice & Remedies Code section 16.063).
How Do Deadlines Change When You Have A Government Case?
If you have taken legal action against the government and believe you are owed compensation, the statute of limitations deadline may change.
Only a governmental entity can be named as a defendant in such cases. For example, the city’s board of supervisors must learn about a claim within six months after the date of the incident causing the personal injury claim. This notification must include:
- Damage or injury claimed;
- Time and place of the incident; and
- Incident itself.
If you believe you have a personal injury claim against a government entity in Texas, the timing is even more important than usual. To talk about your future options, contact Texas Personal Injury Lawyers as soon as possible.
What Is The Statute Of Limitations For Children In Texas?
The two-year statute of limitations on personal injury claims is tolled for minors until they reach the age of majority (18). As a result, when a minor is injured, their statute of limitations generally does not begin until their 20th birthday. However, due to tort reform limitations, this period may be shorter in medical negligence claims. See the “medical malpractice claims” section below. If a minor is killed as a result of an accident that was not the driver’s fault, this tolling provision does not apply. This is because minors are generally given greater legal protection than adults in the United States. They are considered too young to make adult legal judgments on their own. As a result, the two-year statute of limitations does not begin to accrue until the date of the harm.
What Is The Statute Of Limitations For Sexual Crimes Against Minors In Texas?
If you’re injured as a result of conduct that violates certain provisions of Sections 21 and 43 of the Texas Penal Code, you must sue for personal injuries not later than 15 years after the day your cause of action accrued if you live in Texas. The following are examples of such violations:
- sexual assault of a minor
- aggravated sexual assault of a minor
- indecency with a minor
- promoting prostitution of a minor
- continued sexual assault of a minor
- sexual trafficking of a minor.
As a result, there are different time limitations for sexual assault and abuse claims against minors.
What Is The Statute Of Limitations For Sex Crimes Against Adults In Texas?
The statute of limitations for sexual assaults on adults is five years from the date the damages were incurred. In Texas Civil Practice and Remedies Code Section 16.0045(b), it’s stated that. If you are a person who has been injured as a result of conduct that violates specific sections of the Texas Penal Code, such as Sections 21 and 43, you must file a claim for personal injury not later than five years after the day your cause of action arises.
- sexual assault of an adult
- aggravated sexual assault of an adult
- promoting prostitution of an adult
- Sexual trafficking of an adult.
What Claims Are Subject To The Discovery Rule In Texas?
The discovery rule is a legal principle that allows for claims based on an injury that was “inherently undiscoverable” or unlikely to be discovered within the two-year statute of limitations as a result of reasonable diligence. If the court determines that the discovery rule applies, the statute of limitations is tolled until the date when an injury should have been discovered in good faith. However, this exception is a very narrowly-tailored limitation that should not be applied too frequently. See Computer Assocs. Int’l, Inc. v. Altai, Inc., 918 S.W.2d 453, 455 (Tex 1997).
In Texas, What Is The Statute Of Limitations For Medical Malpractice Claims?
Medical malpractice claims are subject to a two-year statute of limitations. (Unless one of the above exceptions applies.) However, you should be aware that tort reform in Texas has placed additional restrictions on medical malpractice claims, including limiting what and when exceptions may apply. There is a ten-year statute of limitation that prevents anyone, including children, from bringing claims more than ten years after the occurrence. As a result, you should contact an attorney right away in medical malpractice cases to see what restrictions apply to your case.
Is There A Statute Of Limitations On Auto Insurance Claims In Texas?
A contract determines the statute of limitations for first-party claims in Texas. They generally range from two to four years in Texas. When you submit an uninsured motorist claim, an underinsured motorist claim, or a personal injury protection claim, you’re filing a first-party complaint against your own insurance company. Unpaid wages are actionable per the terms of a written agreement. You have the right to sue them for breach of contract and/or a declaratory judgment action if they do not pay you following the filing of your claim with them. The statute of limitations for breach of contract and declaratory judgment is generally four years after the accident occurred. The statute of limitations for personal injury protection claims is typically set forth in your insurance policy. The contracts expire on average every three years, but you should always double-check the terms and conditions of your agreement. Additionally, if an agent’s carelessness causes a claim to be filed incorrectly, it may have a two-year statute of limitations.
What Is The Statute Of Limitations For Maritime Claims In Texas?
Three years is a typical statute of limitations for maritime incidents, although there are several state and federal statutes that may apply. The will vary depending on whether your lawsuit is onshore or offshore, on a waterway, dock, or the ocean; other factors may also come into play. Depending on how and where your accident happens, it may be covered by state personal injury legislation, state workers’ compensation laws, the federal Longshore and Harbormen’s Act, or the Jones Act.
What Is The Statute Of Limitations For Asbestosis And Silica-Related Injury Claims In Texas?
In Texas, a personal injury or death caused by asbestosis or silica-related illnesses has a longer statute of limitations, according to Section 16.0031 of the Texas Civil Practice and Remedies Code. The cause of action accrues on the earlier of:
- the date of the exposed person’s death, or
- the date that the claimant serves on a defendant a required report.
The 2-year statute of limitations will not begin to apply until the one above occurs.
Questions? Contact A Texas Personal Injury Attorney Today
Personal injury claims may aid you in obtaining the funds you need to recuperate after a personal injury accident. Don’t let the state of Texas’ statute of limitations on personal injury claims prevent you from obtaining the compensation you deserve.
Texas Personal Injury Lawyers focus on assisting accident victims and are prepared to take on a wide range of personal injury claims. If you have difficulties understanding the Texas statute of limitations for personal injury claims, we want to assist. Get in touch with our staff now for a free case evaluation to discuss your case and see what we can do for you.
Call us at (888) 997-2148 now for you free consultation.
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