Texas Statute of Limitations For Personal Injury

One of the many laws you need to know as a claimant during a personal injury claim is the statute of limitations. This is one of the most important laws to know in Texas, as missing your statute of limitations could end your claim before it begins. The courts in Texas obey statutes of limitations strictly, often barring clients who file too late from obtaining any financial recovery. Speak to a Dallas personal injury lawyer for personalized information and advice about your statute of limitations.

What Is It a Statute of Limitations?

A statute of limitations is a type of law you will find in every state. It sets a time limit on filing a claim. Both criminal and civil cases have statutes of limitations. In the criminal courts, statutes of limitations set time limits by which prosecutors must bring charges against a defendant. These time limits vary depending on the alleged crime. In the civil courts, statutes of limitations limit how long an injury party (plaintiff) has to file a claim for damages against a defendant. Civil statutes of limitations vary according to the type of accident.

Statutes of limitations help keep the justice system just. Without a law requiring plaintiffs to file their personal injury claims by a certain time, a plaintiff could feasibly wait as long as he or she wanted to file. This delaying of justice might not be fair for the defendant, who could lose opportunities to defend himself or herself with the loss of evidence over time. Enforcing statutes of limitations keeps things moving through the justice system more efficiently by prompting claimants to file as soon as possible. It is important to know your statute of limitations in Texas if you wish to protect your right to bring a claim.

What Are Statutes of Limitations for?

Statutes of limitations are legal deadlines that dictate how long you have to file a lawsuit after a personal injury occurs. These deadlines are designed to ensure timely litigation and preserve the integrity of evidence. In Texas, these time limits encourage efficiency in legal proceedings, guaranteeing that cases are brought while witness memories are fresh and documentation is accessible. According to the Women’s Law website, statutes of limitations also protect potential defendants from facing legal action long after an incident has occurred.

Key purposes of statutes of limitations include:

• Encouraging plaintiffs to act promptly to resolve disputes.
• Protecting defendants from indefinite exposure to lawsuits.
• Preserving the quality and availability of evidence, such as witness testimony and documentation.
• Verifying the legal system operates efficiently by resolving disputes within a reasonable timeframe.

In personal injury cases, consulting with an experienced attorney early is crucial to navigating these important deadlines effectively. Legal professionals can provide guidance on gathering evidence and meeting procedural requirements.

 How Long Is the Statute of Limitations in Texas?

As a claimant in a personal injury case in Texas, your statute of limitations will be two years, in most cases. Texas Civil Practice & Remedies Code 16.003(a) gives this statute of limitations. With a few exceptions, a filing party has two years after the day of the accident or injury to bring a civil claim in the State of Texas. This is the same statute of limitations as with property damage claims in Texas. During a wrongful death claim in Texas, a plaintiff must bring a cause of action no later than two years after the date of the injured person’s death.

Some types of civil claims come with four-year deadlines in Texas. For example, a claim for financial losses due to a contract dispute can be brought within four years of the action or inaction that allegedly breached the contract. Breaches of fiduciary duty claims are also subject to a four-year deadline in Texas, as are most debt collection and fraud claims. Standard personal injury lawsuits, however, have two-year statutes of limitations, with some exceptions.

It is important to ask an attorney what your statute of limitations is early on, so you do not accidentally miss your deadline. Some exceptions to the general rule exist; however, the courts will only toll, or extend, a statute of limitations in rare circumstances in Texas. If, for example, you did not discover your injury or illness until a date later than that of the accident, the clock generally will not start ticking until the date of discovery. Other exceptions exist for certain cases with minors (those under 18) and criminal offenses.

What Exceptions Are There to the Statute of Limitations in Texas?

The most common exception to the statute of limitations in Texas is the discovery rule. The discovery rule states that if a claim involves delayed symptoms, this can toll the deadline. If a victim did not discover his or her injury immediately, the clock will not start counting down until the date of injury diagnosis or discovery. If the defendant can prove that another reasonable and prudent plaintiff would have discovered the injury sooner, however, this could shorten the deadline. Common injuries with delayed symptoms include traumatic brain injuries and back injuries.

Exceptions to Texas’ statute of limitations exist for claims arising from certain crimes, according to Section 16.0045 of the law. If the claim involves alleged child sexual assault, child sexual abuse, child sex trafficking, prostitution of a child, indecency with a child or other such sex crimes against children, the survivor will have 30 years from the date of the offense to file a civil claim.
Another exception to the general rule is in a case based on exposure to asbestos or silica. For asbestos-related injuries, a victim has two years from the date of the exposed victim’s death or the date the claimant serves on a defendant to file. This exception exists because asbestos exposure typically does not result in discoverable illnesses until years later.

Certain maritime claims (claims involving injuries on the water) also have unique statutes of limitations in Texas. The law provides three years to file from the date of an injury or death that occurs on navigable waters during maritime activity. Finally, the statute of limitations on a first-party insurance claim can range from two years to four years in Texas, depending on the language of the insurance contract.

There are also exceptions that can shorten, rather than extend, Texas’ statute of limitations. If you are bringing a tort claim against a government entity in Texas, for example, you will have less than two years to file paperwork. According to Section 101.101 of the Texas Tort Claims Act, a notice of this type of claim must be brought no later than six months from the date of the accident. If you are injured in an accident with a city bus, for example, you will only have six months to file your initial paperwork against the city government.

How Does the Discovery Rule Work in Texas?

The Discovery Rule allows the statute of limitations to start only when the injury or its cause is reasonably identified. This rule applies in cases where the harm was not immediately apparent, such as injuries caused by defective medical devices or toxic exposure. The rule can extend filing deadlines in cases where harm is not immediately apparent. According to the TMLT blog, this regulation is especially relevant in medical malpractice cases or situations involving latent injuries, where victims may only realize the connection between the lesion and its cause after significant time has passed This rule applies in cases where the harm was not immediately apparent, such as injuries caused by defective medical devices or toxic exposure.

Scenarios where the Discovery Rule may apply include:

• Delayed injuries from defective products or toxic exposure.
• Professional malpractice cases where harm is not immediately detectable (e.g., a surgical error discovered months later).
• Hidden injuries or conditions that manifest long after the initial incident.

Under Texas law, the burden is on the plaintiff to demonstrate that the delay in filing was reasonable and that the injury was discovered within a timeframe that justifies tolling the statute of limitations. Courts scrutinize these claims closely, so providing thorough evidence is essential.

For instance, in cases involving medical malpractice, a patient may not realize they were harmed until they experience symptoms or receive a second opinion. Similarly, victims of toxic exposure might not link their health conditions to the exposure until years later when studies or investigations reveal the connection.

Another illustration involves defective products. If a product causes a latent injury that becomes evident after its normal use, the Discovery Rule can extend the filing period. However, this extension requires substantial evidence connecting the injury to the delayed discovery.

The rule also highlights the importance of seeking medical and legal advice as soon as you suspect harm. Delays in taking action can make it harder to prove your case, even with the rule’s protections. Attorneys specializing in personal injury law can help gather the necessary evidence to support your claim and navigate the complexities of the Discovery Rule.

By understanding how the Discovery Rule operates, victims can make informed decisions about their legal options, even in cases where time appears to have run out. This rule is a vital safeguard for those facing injuries with delayed onset or recognition, ensuring their right to compensation is preserved.

What Is the Statute of Limitations for Children in Texas?

There are also special statutes of limitations on personal injury claims that involve children in Texas. Child victims are not of the age of consent (18) and therefore do not have the mental capacity to bring legal claims in the eyes of the law. The law states that they are not mature enough to make legal decisions for themselves. This rule gives child victims two options when filing personal injury lawsuits:

• A parent files within two years. A parent who wishes to file an injury claim on behalf of a minor child must do so by the ordinary statute of limitations in Texas – two years from the date of the accident. Either parent can file.
• The child files within two years of turning 18. In Texas, the statute of limitations on a personal injury case is tolled until a minor reaches the age of majority. Thus, the deadline typically does not come until the victim’s 20^th

Texas has a statute of repose that caps the right to file a medical malpractice claim at no more than 10 years from the date of the alleged act of malpractice, even with the discovery rule and a minor victim. This means if the minor was injured by medical malpractice, the claim must be brought within 10 years, even if this deadline comes before the plaintiff’s 20^th birthday.

Does the Statute of Limitations Change if I Sue a Government Entity?

Yes, suing a government entity in the state comes with stricter filing deadlines and additional requirements. When your personal injury claim involves a government entity, such as a city or county, the Texas Tort Claims Act applies. In these cases, you must file a notice of claim within six months of the injury, though certain municipalities impose even shorter deadlines.

Crucial differences when suing a government entity include:

• Filing a notice of claim within six months (or less, depending on local rules).
• Procedural hurdles specific to government-related lawsuits.
• Capped damages for claims against public entities.
• Additional requirements to demonstrate negligence within the scope of governmental duties.

Failure to provide timely notice may bar you from pursuing legal action against the government. These claims also involve governmental immunity, which generally limits lawsuits against public entities unless exceptions apply. 

Additionally, each government entity may have its own procedures for filing claims. For example, filing against a municipal government in Dallas might differ from filing against a state agency. A legal team can guide you through these procedural nuances and ensure all documentation is completed correctly.

What Happens if You Miss the Filing Deadline?

If you miss the deadline to file a personal injury claim in Texas, you risk losing your right to seek compensation. Courts are likely to dismiss your case outright unless exceptional circumstances apply. This dismissal means you cannot recover damages for medical bills, lost wages, or pain and suffering related to your injury.

Consequences of missing the filing deadline include:

• Permanent loss of legal recourse.
• Ineligibility to recover financial compensation for damages.
• Limited or no leverage in negotiations with insurers.
• Emotional and financial strain due to lack of legal options.

Nonetheless, there are limited exceptions to this rule, which should be explored with legal guidance. For example, if the delay was due to the victim’s incapacity or if the defendant’s actions concealed the harm, the deadline may be extended. The TMLT blog highlights that these exceptions are rare and require substantial evidence.

Another critical point is that some victims mistakenly believe negotiating with an insurer can bypass the limitations period. Unfortunately, without a valid legal claim, insurers have little incentive to offer fair settlements, underscoring the importance of timely legal action.

Contact A Dallas Personal Injury Lawyer Right Away

If you do not file your personal injury case before Texas’ statute of limitations, you could forfeit the right to obtain financial recovery, even if you have evidence of the defendant’s fault. It is critical not to wait to speak to an attorney. Waiting until the end of your window of time could mean accidentally missing the time limit.

Waiting to file can also reduce the strength of your evidence. For instance, eyewitnesses may not be able to clearly remember what they saw a year after the accident. Act quickly to contact a personal injury attorney and file your paperwork to protect your rights.

Statutes of limitations are complicated. The law in Texas can have exceptions in special circumstances. Always speak to a personal injury lawyer about your deadline to file as soon as possible after an accident in Texas. Contact us today to start a free consultation.