Understanding the Statute of Limitations for Personal Injury Cases in Texas
As experienced personal injury attorneys at Varghese Summersett, we are often asked about the time limits for filing a personal injury lawsuit in Texas. In this article, our lawyers explain the statute of limitations for personal injury in Texas, the importance of meeting the statute, and important exceptions.
What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of personal injury cases, it determines how long an injured party has to file a lawsuit against the party responsible for their injuries.
In Texas, the general statute of limitations for personal injury cases is governed by Texas Civil Practice and Remedies Code § 16.003(a), which states:
“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.”
This means that in most personal injury cases in Texas, you have two years from the date of the injury to file a lawsuit.
Why Do We Have Statutes of Limitations for Personal Injury Cases?
Statutes of limitations serve several important purposes in our legal system:
- Preservation of evidence: Over time, evidence can deteriorate, be lost, or become less reliable. Witnesses’ memories may fade, and physical evidence may be destroyed or altered. By requiring cases to be filed within a certain timeframe, statutes of limitations help ensure that evidence is still fresh and available.
- Fairness to defendants: It’s considered unfair to subject individuals or entities to the threat of a lawsuit indefinitely. Statutes of limitations provide a degree of certainty and allow people to move on with their lives without the constant fear of legal action.
- Encouragement of prompt legal action: These time limits motivate injured parties to pursue their claims diligently, rather than sitting on their rights indefinitely.
- Efficiency of the legal system: By limiting the time within which claims can be brought, statutes of limitations help prevent the court system from being overwhelmed with old cases.
What Must Be Done to Meet the Statute of Limitations?
To meet the statute of limitations in Texas, you must file your lawsuit with the appropriate court before the statutory period expires. Simply notifying the potential defendant of your intention to sue or attempting to negotiate a settlement is not sufficient.
The process typically involves:
- Preparing a petition (also known as a complaint): This document outlines your case, including the facts of the incident, the injuries suffered, and the legal basis for your claim.
- Filing the petition with the court: This must be done in the appropriate court, which is usually in the county where the injury occurred or where the defendant resides.
- Paying the filing fee: There is a cost associated with filing a lawsuit, although fee waivers may be available for those who cannot afford to pay.
- Serving the defendant: Once the petition is filed, the defendant must be officially notified of the lawsuit through a process called “service of process.”
It’s crucial to note that all of these steps must be completed before the statute of limitations expires. At Varghese Summersett, we always advise our clients to begin the process well in advance of the deadline to avoid any last-minute complications.
What Triggers the Running of the Statute of Limitations?
In most cases, the statute of limitations begins to run on the date the injury occurs. This is known as the “accrual” of the cause of action. For example, if you were injured in a car accident on January 1, 2024, you would generally have until January 1, 2026, to file a lawsuit.
However, there are some exceptions to this general rule:
- Discovery Rule: In some cases, the nature of the injury may not be immediately apparent. Texas recognizes the “discovery rule,” which states that the statute of limitations doesn’t begin to run until the plaintiff discovers, or through reasonable diligence should have discovered, the injury. This is codified in Texas Civil Practice and Remedies Code § 16.003(b) for certain cases involving exposure to hazardous or toxic substances.
- Continuing Tort: If the wrongful conduct is ongoing, the statute of limitations may not begin to run until the conduct stops.
- Legal Disability: If the injured person is under a legal disability at the time the cause of action accrues, the time of the disability is not included in the limitations period. This is covered under Texas Civil Practice and Remedies Code § 16.001.
What Can Toll the Statute of Limitations for a Personal Injury Case?
“Tolling” refers to pausing or delaying the running of the statute of limitations. Several circumstances can toll the statute of limitations in Texas:
- Minority: If the injured person is a minor (under 18 years old) when the cause of action accrues, the statute of limitations is tolled until they reach the age of 18. This is provided for in Texas Civil Practice and Remedies Code § 16.001(a)(1).
- Mental Incapacity: If the injured person is of “unsound mind” when the cause of action accrues, the statute of limitations is tolled until they regain capacity. This is covered under Texas Civil Practice and Remedies Code § 16.001(a)(2).
- Military Service: Under the federal Servicemembers Civil Relief Act, the statute of limitations may be tolled for individuals on active military duty.
- Defendant’s Absence from the State: If the defendant leaves Texas after the cause of action accrues, the time of their absence is not counted as part of the limitations period. This is provided for in Texas Civil Practice and Remedies Code § 16.063.
- Agreement: In some cases, the parties may agree to toll the statute of limitations. This is often done during settlement negotiations.
- Fraudulent Concealment: If the defendant fraudulently conceals the wrong, the statute of limitations may be tolled until the fraud is discovered or should have been discovered with reasonable diligence.
It’s important to note that while these tolling provisions can extend the time to file a lawsuit, they don’t apply in all situations and are subject to certain limitations.
Specific Texas Statutes Relevant to Personal Injury Statutes of Limitations
Here are some key Texas statutes related to statutes of limitations in personal injury cases:
- Texas Civil Practice and Remedies Code § 16.003: This is the primary statute setting the two-year limitation period for most personal injury cases.
- Texas Civil Practice and Remedies Code § 16.001: This statute provides for tolling of the limitations period for minors and persons of unsound mind.
- Texas Civil Practice and Remedies Code § 16.063: This statute addresses tolling when the defendant is absent from the state.
- Texas Civil Practice and Remedies Code § 16.012: This statute sets a 15-year statute of repose for product liability cases.
- Texas Civil Practice and Remedies Code § 74.251: This statute sets a two-year statute of limitations for medical malpractice cases, with some exceptions.
- Texas Civil Practice and Remedies Code § 16.0045: This statute provides extended limitation periods for certain personal injury suits involving sexual crimes.
Exceptions and Special Cases
While the two-year statute of limitations applies to most personal injury cases in Texas, there are some exceptions and special cases to be aware of:
- Medical Malpractice: Medical malpractice cases in Texas are subject to a two-year statute of limitations, but also a 10-year statute of repose. This means that regardless of when the injury is discovered, no medical malpractice lawsuit can be filed more than 10 years after the date of the medical treatment. (Texas Civil Practice and Remedies Code § 74.251)
- Product Liability: While the standard two-year statute of limitations applies, Texas also has a 15-year statute of repose for product liability cases. This means that, with some exceptions, no product liability lawsuit can be filed more than 15 years after the product was first sold. (Texas Civil Practice and Remedies Code § 16.012)
- Claims Against the Government: If your personal injury claim is against a governmental entity in Texas, you must file a notice of claim within six months of the incident. The actual lawsuit must still be filed within two years. (Texas Civil Practice and Remedies Code § 101.101)
- Sexual Crimes: For personal injury cases arising from certain sexual crimes, the statute of limitations is extended. For example, for injuries resulting from sexual assault or aggravated sexual assault, the victim has 30 years from the date of the offense to file a civil lawsuit. (Texas Civil Practice and Remedies Code § 16.0045)
The Importance of Timely Action
At Varghese Summersett, we cannot stress enough the importance of taking timely action in personal injury cases. Missing the statute of limitations can have severe consequences:
- Loss of Legal Rights: If you fail to file your lawsuit within the statute of limitations, you will likely lose your right to sue for that injury forever. The court will almost certainly dismiss your case if it’s filed after the statutory period has expired.
- Weakened Negotiating Position: Even if you’re hoping to settle your case out of court, the threat of a lawsuit is often what brings the other party to the negotiating table. If the statute of limitations has passed, you lose this leverage.
- Evidence Preservation: The sooner you begin your legal action, the easier it is to preserve crucial evidence. Waiting too long can lead to lost evidence, faded memories, and a weaker case overall.
How Varghese Summersett Can Help
Navigating the complexities of statutes of limitations and other legal deadlines can be challenging, especially when you’re dealing with the aftermath of an injury. That’s where we come in. At Varghese Summersett, our experienced personal injury attorneys can:
- Evaluate your case and determine the applicable statute of limitations
- Identify any factors that might toll or extend the limitations period
- Ensure all necessary legal actions are taken well before the deadline
- Preserve evidence and build a strong case on your behalf
- Handle all legal filings and procedures accurately and on time
We understand that every personal injury case is unique, and we’re committed to providing personalized, attentive legal representation to each of our clients.
Conclusion
Understanding the statute of limitations is crucial in personal injury cases. While the general rule in Texas is a two-year limitation period, there are numerous exceptions, special cases, and tolling provisions that can affect this timeframe.
If you’ve been injured due to someone else’s negligence, it’s in your best interest to consult with a knowledgeable personal injury attorney as soon as possible. At Varghese Summersett, we’re here to help you navigate these complex legal waters and ensure your rights are protected.
Remember, time is of the essence in personal injury cases. Don’t let the statute of limitations expire on your claim. Contact Varghese Summersett today for a free consultation, and let us help you seek the justice and compensation you deserve.
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