In the state of Texas, and throughout the country, suffering a personal injury due to someone else’s negligence means you have the right to seek justice and compensation. Personal injury cases can encompass anything from car accidents and slip and falls to medical malpractice or product liability claims.
However, it’s critical that your pursuit of justice follows certain time-sensitive constraints known as the statute of limitations. This legal term refers to the specific period within which you must initiate a lawsuit after an accident occurs. Understanding this rule is essential because failure to act by this established deadline could result in losing your eligibility to file a lawsuit, thereby forfeiting any potential financial recovery.
General Statute of Limitations for Personal Injury Cases in Texas
Under Texas law, the statute of limitations for most personal injury cases stipulates that you have two years from the date of the accident to file your lawsuit. This means if you intend to sue someone due to their negligence leading to your injuries, it must be done within this two-year window.
TWO-YEAR LIMITATIONS PERIOD.
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
This deadline applies to wrongful death cases as well.
Exceptions to The Statute of Limitations in Texas
While two years is the basic deadline for most injury cases, Texas law does make some exceptions. These exceptions apply to specific circumstances or types of cases that allow for extended filing periods:
The Discovery Rule
Allowances are made when an injury wasn’t immediately apparent after an incident happened – known as the discovery rule. In these situations, the statute of limitations doesn’t begin to run until the injured party knows or reasonably should know that they are injured, and that the injury was a result of someone else’s negligence.
Injuries to Minors
The stringent two-year mark is paused – or “tolled” – for minors until they reach the age of eighteen. Essentially, a minor who was injured due to another party’s negligence has two years from their eighteenth birthday to file a lawsuit. However, medical malpractice cases are different for minors.
In these situations, injured parties under the age of 12 have until their 14th birthday to file the claim (or have someone file a claim on their behalf) – keeping in mind that the statute of repose is 10 years. What this means is that a medical malpractice claim can never be filed more than 10 years after the incident occurred, no matter how old the injured party was.
…provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability.
(b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred
For example, a child who is injured from medical malpractice at age 2 will only have until they are 12 to file the claim, giving them a 10-year deadline. However, a child who is injured when they’re 9 only has until they’re 14th birthday, giving them a shorter 5-year deadline.
Injuries Resulting From Sexual Abuse
Cases involving personal injuries resulting from sexual abuse or child sexual abuse fall under these exceptional scenarios. Specifically, Texas grants a 30-year statute of limitations for such instances – markedly longer than most other personal injury claims. Under this provision, individuals who suffered as victims have until 30 years after the date of the incident to initiate a civil lawsuit.
LIMITATIONS PERIOD FOR CLAIMS ARISING FROM CERTAIN OFFENSES. (a) A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates:
(1) Section 22.011(a)(2), Penal Code (sexual assault of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual);
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or Section 20A.02(a)(8), Penal Code, involving an activity described by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child or disabled individual trafficked in the manner described by Section 20A.02(a)(7), Penal Code (certain sexual trafficking);
(5) Section 43.05(a)(2) or (3), Penal Code (compelling prostitution by a child or disabled individual); or
(6) Section 21.11, Penal Code (indecency with a child).
(b) A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates:
(1) Section 22.011(a)(1), Penal Code (sexual assault);
(2) Section 22.021(a)(1)(A), Penal Code (aggravated sexual assault);
(3) Section 20A.02, Penal Code (trafficking of persons), other than conduct described by Subsection (a)(4); or
(4) Section 43.05(a)(1), Penal Code (compelling prostitution).
(c) In an action for injury resulting in death arising as a result of conduct described by Subsection (a) or (b), the cause of action accrues on the death of the injured person.
Even within this exception there are exceptions: if the defendant is unknown, the statute of limitations is tolled.
The Statute of Limitations Does Not Apply to Insurance Claims
It’s critical to note that the statute of limitations refers specifically to filing a legal claim in court and does not directly pertain to insurance claims. Most insurance companies have their own set deadlines for reporting an accident, often falling well before this 2-year window ends.
Because there are so many variances in the deadlines, it’s essential to contact a La Porte personal injury lawyer as soon as possible after experiencing an injury. Contact us today to schedule a free consultation.