The Statute of Limitations in Texas Personal Injury Cases
The concept of statute of limitations has been around for thousands of years, originating as far back as ancient Roman times. Today, this concept is still used in the United State’s legal system to ensure that legal matters are handled in a timely, reasonable manner. it is important to check your state’s regulations for the statute of limitations, as each state has a unique set of rules.
What Is a Statute of Limitations?
A statute of limitations is a law that defines the maximum amount of time in which parties involved in a dispute must initiate legal proceedings following an alleged offense. In general, the time allowed under a statute of limitations varies depending on the nature of the offense, with most statutes of limitations applying to civil lawsuits. Proponents of a statute of limitations believe it is equitable to place a time limit on personal injury cases as important evidence could be lost and witnesses’ memories could have faded, making it unfair to all parties to assert claims after a reasonable time.
If you are unsure of what your statute of limitations is for a current or future claim, you should contact Sneed and Mitchell law firm at (866) 434-0014. We offer free consultations to those who need legal advice and charge no additional fees or upfront costs for our services.
How Long Is The Statute of Limitations in Texas Personal Injury Claims?
In Texas, the Statute of Limitations in personal injury cases is 2 years from the date of the injury. This means that a civil petition must be filed within two years. After this allotted time the claim is generally dismissed for being time-barred, meaning that you lose the opportunity to bring a claim against the liable person or entity.
In most personal injury cases in Texas, you have two years from the accident or the injury date to file a lawsuit.
Examples of tort claims that are covered by the standard two-year statute of limitations include:
Motor vehicle accidents, including trucking accidents, pedestrian incidents, bicycle crashes, and commercial vehicle collisions.
Workplace accidents, like construction site cases, maritime accidents, oil field accidents, and industrial events
Premises liability events, slips and falls, dog attacks, negligent security cases, amusement part claims, child injury cases
Medical malpractice claims
Dangerous drugs and other defective products, such as hazardous toys, failed airbags, and mass tort cases against pharmaceutical companies
Claims related to nursing home abuse and neglect
What If I Miss The Statute of Limitations Deadline In A Texas Personal Injury Claim?
If you miss the statute of limitations deadline for a personal injury claim in Texas, your claim will no longer be effective against the opposing party and you will barred from additional compensation. In this circumstance, clients can receive payment fort their medical bills, lost wages, pain and suffering, or any other form of reasonable damages that stem from the accident. It’s important to reach out to a lawyer if you have questions about your statute of limitations deadline as every case has a unique set of circumstances that may change the statute’s conditions or effectiveness.
Exceptions To The Statute of Limitations for Personal Injury Claims in Texas
There are exceptions to the time limit of the statute of limitations depending on the circumstances and age of the claimant. These exceptions are meant to provide fairness to claimants who have physical, mental, or uncontrollable conditions or situations that have impacted their ability to receive the compensation they are entitled to.
Claims Involving Minors and Legally Disabled Persons
Injured claimants under the age of 18, or those who are mentally incapacitated after their accident may get an extension up until they become legal adults or recover their mental clarity. The legal term for these types of claimants is defined under Texas law as “under a legal disability,” in which they are considered incapable of exercising their rights in court due to their physical or mental impairments.
Claims Against First-Party Automobile Insurance:
For a claim made against your own insurance company in Texas, the deadline is subject to the company’s individual contractual limitations period which is typically anywhere from one to four years. Automobile insurance companies have unique policies that differ from each other, so you will want to review the terms in their written contract to understand how long you have to file a lawsuit against them. The types of claims that are considered first-party automobile insurance suits are uninsured motorist claims, personal injury protection claims, and underinsured motorist claims.
Wrongful Death Claims:
Wrongful death claims are filed by the loved ones or representatives of a person who died in an accident that was caused by another person’s negligence or intentional misdeeds. Claimants who file wrongful death claims can receive compensation to cover their finances, non-economic damages, and punitive damages. The majority of wrongful death claims in Texas must be filed within 2 years unless the claimant is a minor, fraud is suspected, the cause of death or person at fault is unknown, or the family of the victim suffers from mental or physical impairments.
The Discovery Rule
If a claimant discovers a pre-existing injury that resulted from their accident after their claim expired, the court may use The Discovery Rule to reset the statute of limitations timeline so it begins on the day it was discovered instead of the day the accident occurred. For example, if a victim had a slip-and-fall accident at their workplace and developed a brain injury that only became apparent until after 2 years, the court may restart their statute of limitations to the day the new injury was found. However, the discovery rule does have restrictions. Certain injuries are very obviously noticeable right after they occur, therefore making the discovery notion impossible to be true. If a victim enters a contractual agreement with the other party, it may prevent them from being able to pursue any further compensation after the suit regardless of any new circumstances that evolve. The Texas Tort Claims Act determines the rules of liability for governmental units and usually administers shorter deadlines for claims, putting time limits on claims filed against them.
Defendant Leaving the State
According to the Texas Civil Practice and Remedies Code, the clock may pause on a claim if a defendant leaves Texas prior to the claim being filed and will resume the moment they arrive back. The span of time in which the defendant was absent from the state will not be included in the 2 years that the statute of limitations gives. This policy was implemented to prevent at-fault parties from evading the repercussions of their actions and their liabilities by evacuating the state. Unfortunately, this tolling provision may require claimants to present proof of the defendant’s absence to the court by using things such as their out-of-state employment or travel records. It’s always best to consult with an attorney before attempting to collect this kind of evidence.
Injury Claims Against the State of Texas
Injury claims made against the State of Texas have a time constraint of 6 months instead of 2 years according to the Texas Tort Claims Act. The types of establishments that are considered Texas government property include state buildings, public schools, recreational facilities, hospitals, courthouses, public libraries, and any other property the government owns. Lawsuits filed against a governmental entity typically have limited liability scopes that only account for specific circumstances such as property damage, wrongful death, personal injuries, and automobile accidents. There are exemptions to this time constraint, such as if the defendant intentionally harmed the claimant or if they took discretionary actions.
Maritime Claims
According to the U.S. Code Title 28 § 1333, maritime claims are authorized by the United State’s federal and state courts, which exercise their legislative power to determine a claim’s life and outcome. Maritime injuries typically occur on vessels such as cargo ships, drilling platforms, barges, offshore oil rigs, tugboats, tankers, reefer ships, and more. The majority of maritime tort claims that involve personal injuries or wrongful deaths typically have a statute of limitations of up to 3 years. However, injured federal employees only get a year to file a claim because they are insured under the Longshore and Harbor Workers' Compensation Act. Maritime claims vary with their restrictions based on their treaties, contracts, and nature of work.
Asbestos and Silica-Related Claims
Asbestos and silica-related claims are typically governed by the discovery rule since illnesses from these minerals often take decades to develop. The discovery rule permits these types of claims to start when the illness is discovered or when it should have been discovered, extending the statute of limitations far beyond the average given time. Instead of 2 years, victims may get claim extensions that increase their statute of limitations to 4 or even 6 years. The loved ones or representatives of victims of wrongful deaths typically have 1 to 3 years to file a claim. Workers' compensation laws differ by state and can affect the length of asbestos and silica-related claims, so employees should check their company’s handbook for this information.
Claims Involving Sex Crimes Against Adults
The time frame for victims of sex crimes to seek justice and compensation in Texas is generally 5 years from the day the offense occurred. The statute of limitations usually gives criminal sexual assault cases even longer, expanding the claim life to 10 years. In cases of serial rapists or unknown identities, the state often removes all time constraints on the case to give it an unlimited amount of time. Sex crimes are identified and defined by Texas Penal Code Chapter 21 and Texas Penal Code Chapter 43 which describe the type of conduct that infringes upon other people’s rights. Illegal actions such as sex trafficking, encouragement of adult prostitution, sexual assault, and aggrieved sexual assault are all interpreted in Texas law as sex crimes.
If you are a victim of any one of these types of cases and need legal representation, contact a Sneed and Mitchell lawyer today at (866) 434-0014. Personal injury cases are often complex and filled with confusing legalities that can greatly impact your case, which is why you need an expert to help you handle them with care.
Real-world Examples of The Statute of Limitations
Here are some situational examples demonstrating how the statute of limitations works in Texas:
Workplace Injury (Non-Subscriber Employer):
Situation: On June 1, 2023, Marcus worked within Amazon’s warehouse and fulfillment center. Amazon doesn’t carry workers’ compensation insurance. He injures his neck while lifting a heavy object due to a lack of proper equipment within the warehouse.
Statute of Limitations: Marcus has until June 1, 2025, to file a personal injury claim directly against Amazon, since Texas allows employees to sue non-subscriber employers for negligence. This timeline enables him to file for compensation, but Marcus proactively reaches out to a law firm immediately, which is the best decision.
Slip and Fall in a Grocery Store:
Situation: Maria slipped on a wet floor in the dairy aisle at HEB Market on March 5, 2023, due to a spill of liquid and no warning signs. She suffers a hairline fracture to her wrist but is unaware of the injury for a few months.
Statute of Limitations: On March 6, 2025, she decides to contact an attorney to determine if she can file a personal injury claim against the grocery store. This two-year timeframe has passed and the attorney opines that only the Discovery Rule applies to her case, but also he doesn’t believe a judge would reasonably believe that it would take a reasonably diligent person two years to determine the fracture was present. The attorney decides to decline representation in the matter.
Failing to file a claim within the statute of limitations can stop an injury victim from recovering compensation for their medical costs, lost income, and other economic and non-economic damages they experienced. Don’t let this rule have an impact on your case. It takes an experienced attorney only 10 minutes to properly evaluate your case, but many also won’t retain a client that has an impending limitation date. So call an attorney as soon as it’s safe to do so after being hurt in an accident.
Why is There a Statute of Limitations?
The statute of limitations was established in the United States to ensure that legal matters get handled within a reasonable time frame, allowing for the preservation of evidence and accuracy in testimony. Without a time limit, many claimants would attempt to pursue lawsuits with faded memories and lost evidence, making them less credible sources. The statute of limitations prevents cases from remaining unresolved and provides closure to both the claimant and the defendant.
Prevention of Stale Claims:
When a substantial amount of time passes, claims lose their supporting evidence, reliability, and purpose. A case falls apart when a claimant has a distorted memory of an incident and only a few scraps of evidence that can no longer be pieced together. Prosecution becomes difficult after prolonged periods because defendants may have relocated to another state or country, or may no longer be alive. The statute of limitations prevents claims from becoming stale and unreliable like this by placing time limits on them. These limitations allow both the claimant and defendant to have a chance to give fresh and accurate accounts to the court to promptly reach a solution.
Encouragement of Settlements:
The statute of limitations encourages parties to come to a settlement agreement quickly rather than prolonging the dispute by taking the claim to trial. Settlements are typically much more efficient than litigations because they are faster and more affordable. Trials can take several months to begin and may require additional months or years to reach a decision. However, with the statute of limitations, parties are pressured just enough to pursue legal claims swiftly before their time is up.
Protection from Fraudulent Claims:
The statute of limitations protects individuals from being sued for past events that occurred so long ago that they no longer have any remaining evidence or accounts to defend themselves against allegations. Without this protection, claimants would be able to get away with making fraudulent accusations against people who have no way of proving their innocence, which is unfair and unethical. Claims could technically be filed decades or even hundreds of years after an incident supposedly happened without this protection. The statute of limitations prevents these kinds of lawsuits from being authorized.
Legal Efficiency:
If claims were limitless on time, the legal system would be overloaded with too many old cases, which would prevent the new ones from being heard at efficient times. By placing a sense of urgency on claims, the statute of limitations encourages plaintiffs to create focused, well-rounded arguments that are built with solid evidence. Time limits also ensure that only creditable claims are allowed positions in court, preventing any outdated or unnecessary claims from wasting valuable resources.
How Legal Representation Can Help
Every case has a unique set of circumstances and rules that govern their outcome. Even with limitations put in place on specific types of lawsuits, exceptions to those limitations can sometimes be granted. Lawyers can help gather the facts of your case and present them to the court in an effective way that allows you to receive the maximum amount of compensation and benefits possible. If an extension of time is necessary and justifiable, they may be able to secure that for your case, as long as it falls within the legal boundaries of the statute’s rules. For more information on how a lawyer can assist you, fill out our online form or give us a call at (866) 434-0014.