What Are The Exceptions To The Statute of Limitations in Texas?

In Texas, if another party’s negligent or wrongful actions have injured you, you can seek compensation for your damages. The statute of limitations for your personal injury action sets the deadline for filing a claim.

If you miss your deadline, you may be barred from recovering compensation. However, there are some exceptions to the statute of limitations. In some cases, you may have longer to file; in others, you may have much less time to file.

You must understand your deadline for filing a claim. If you have missed your filing deadline, speak to an experienced Texas personal injury attorney as soon as possible.

Your situation may fall under one of the exceptions to the statute of limitations that gives you more time to file.

At Bush & Bush Law Group, our Dallas personal injury attorneys exclusively handle personal injury cases. We know these laws inside and out. If your case falls under an exception to the statute of limitations, we will know and explain your rights.

Call (469) 977-7777 or visit our contact page to schedule a free consultation. Don’t wait any longer. Let us determine your filing deadline and help you get the maximum compensation possible for your injuries.

What Is The Statute Of Limitations For Personal Injury Claims in Texas?

A statute of limitations sets the deadline for filing a claim. If you miss your deadline, you will usually be unable to recover compensation.

The Texas Civil Practice & Remedies Code, Section 16.003, sets forth the two-year statute of limitations for most personal injury claims.

This means you have two years from the accident or incident that caused your injuries to file your claim. However, there are exceptions to the two-year deadline, and you must consult an experienced Texas personal injury lawyer to determine the filing deadline for your action.

Why Do We Need Statutes of Limitations?

It is in the parties' and the court’s best interest if claims are filed in a timely manner. Evidence can be lost or destroyed after some time, and it can become challenging to prove a claim or defend against one.

In most cases, defendants should not be threatened with civil suits indefinitely. However, personal injury victims need adequate time to recover from their injuries, and some injuries are not immediately apparent.

Additionally, it may take time to determine a victim’s medical expenses and other damages.

A statute of limitations attempts to provide a timely means of bringing lawsuits against defendants while also allowing a plaintiff ample time to discover and evaluate their damages.

The Exceptions to the Texas Statute of Limitations for Personal Injury Claims

Some injuries are not immediately apparent. Texas has recognized that certain plaintiffs need more than two years to learn that they have a valid claim.

Some exceptions that lengthen the two year deadline include:

• Asbestos and silica cases. Asbestos and silica exposure personal injury and death cases have a statute of limitations of two years from the date of an exposed person’s death or the date the claimant serves notice on the defendant.
• Sexual assault cases. The civil statute of limitations for sex crimes against an adult is five years after the offense occurred. The civil statute of limitations in Texas for cases involving a minor range from 10 to 20 years after the victim reaches the age of eighteen.
• Some construction liability cases. For injuries caused by a defect created by an engineer, architect, landscape architect, interior designer, or surveyor has a statute of limitations of ten years.
• Wrongful death cases. The statute of limitations for a wrongful death action is two years from the date of death of the person, not necessarily, the date the fatal injury occurred.
• Product liability cases. The statute of limitations for injuries resulting from an unsafe product is 15 years. If a retailer or manufacturer notifies the consumer in writing that the product has a safe life of over 15 years, the claimant has until the end of that number of years to file a product liability claim.
• Claims against a government entity. A claim against a government entity will have a much shorter statute of limitations. The deadlines for filing depends on the specific entity named as a defendant.

In many circumstances, the government has sovereign immunity and cannot be sued. However, the Texas Tort Claims Act (TTCA) is a state law that partially waives that immunity and allows personal injury victims to sue Texas governmental entities in specific cases.

Under TTCA, a party must file its claim against a governmental unit within six months of the incident that caused their injuries. However, some local governments have deadlines as short as 45 days to file a claim.

There may be other exceptions to the standard two-year deadline for filing a personal injury claim. You must consult an experienced Dallas personal injury attorney to determine your filing deadline.

When Does the Statute of Limitations Begin Running?

The statute of limitations in most personal injury cases begins on the day the accident or incident that caused the injuries occurred.

However, there are some exceptions. For example, the statute of limitations for wrongful death claims starts the day the victim dies, not necessarily the day the victim sustained their injuries.

Additionally, there are circumstances in which the statute of limitations is tolled, or paused. Situations that toll the statute of limitations may include:

• The Texas discovery rule. In this situation, the statute of limitations does not begin to run until the plaintiff discovered or should have discovered their injury. The Texas Civil Practice and Remedies Code §16.003(b) provides for tolling the statute of limitations in cases involving exposure to certain toxic substances.
• The continuing tort. If the negligent, intentional, or reckless conduct is ongoing, the statute of limitations may not begin to run until the conduct stops.
• Disability. If the injured party is legally disabled when the cause of action accrues, the statute of limitations may be tolled pursuant to the Texas Civil Practice and Remedies Code §16.001.

Contact an Experienced Texas Personal Injury Attorney To Determine Your Filing Deadline

The statute of limitations in most Texas personal injury claims is two years from the date of the accident or incident.

But there are exceptions. Some exceptions provide a longer statute of limitations. Others provide for a shorter statute of limitations.

Under some circumstances, the statute of limitations may be tolled, or paused.

You must consult an experienced Texas personal injury attorney to determine your deadline and learn whether your deadline falls under one of the exceptions to the two year rule.

The experienced personal injury attorneys at Bush & Bush Law Group offer free consultations to discuss your case and can advise you of your filing deadline.

Call (469) 977-7777 or complete the brief form on our contact page to schedule your free consultation.