The Texas Statute of Limitations

Most types of legal action in Texas carry a statute of limitations that determines how long you have to file your claim. Understanding this deadline is critical to secure maximum compensation for your suffering.

With help from a reputable Texas personal injury lawyer at Kemmy Law Firm, you can ensure your claim is filed before time runs out. Contact our office for a free consultation today to ensure you do not miss this essential deadline. To get started today, you can reach us by phone at (432) 400–0000 or through our online contact form.

What Is the Statute of Limitations?

The statute of limitations caps the amount of time you have to pursue any legal action. Most legal actions have a statute of limitations to protect all parties’ rights. However, depending on the legal action you are dealing with, there may be a different statute of limitations.

With that in mind, here are some of the different statutes of limitations in place based on the type of personal injury case you may be dealing with:

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Personal Injury

Personal injury claims encompass a wide array of accidents and injuries. For example, if you were diagnosed with a traumatic brain injury caused by a motor vehicle accident, such as a car crash or truck accident, you may have the right to pursue a civil claim against the liable party. Other examples of personal injury cases could include:

  • Defective products
  • Slip and fall accidents
  • Swimming pool accidents
  • Trampoline accidents
  • Dog bites
  • Motorcycle accidents
  • Work accidents
  • Construction accidents
  • Pedestrian accidents
  • Bicycle accidents

If you file a personal injury according to Texas Civil Practice & Remedies Code 16.003(a), you will have a maximum of two years to file before the statute of limitations runs out.

 

Property Damages

Property damage claims are often filed when your personal property is damaged through vandalism, theft, or dangerous weather conditions, such as a hurricane, tornado, flooding, or other acts of God. Fortunately, when pursuing a property damage claim, you will have a maximum of two years to get your claim filed before the Texas statute of limitations for property damage claims expires.

Wrongful Death

You might have the opportunity to pursue a wrongful death action when you lose a family member due to someone else’s wrongful or reckless acts. However, you must act quickly on your wrongful death claim, as the statute of limitations is only two years from the decedent’s death, according to Texas Civil Practice & Remedies Code 16.003(b).

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Oilfield Accidents

Oilfield accidents and other work-related incidents may also warrant a civil lawsuit or insurance claim. If your employer purchases workers’ comp insurance coverage, you might have as few as 30 days to report your injuries.

However, suppose you are pursuing a civil lawsuit for your oilfield accident or another on-the-job injury. In that case, your statute of limitations may allow for a maximum of two years to pass from the date of the accident. If your claim is not filed before this deadline runs out, you will lose your right to have your case heard at trial.

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They fought for us as if they were fighting for their own family.

 

If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to uphold their duty of care, and a victim suffers injuries or damages due to the provider’s negligence. You will generally have up to two years to file your claim under the Texas statute of limitations for personal injury claims. The time limit is the same regardless of whether you are a victim of misdiagnosis, surgical mistakes, anesthesia errors, birth injuries, failure to treat, prescription drug mistakes, or any other type of healthcare error.

Workers' Compensation

Work-related accidents often allow for the payment of workers’ compensation benefits. However, Texas law does not require employers to purchase workers’ comp coverage. You might have the opportunity to file a claim through your employer’s workers’ comp insurance provider as long as you do so within 30 days.

Suppose your employer does not have workers comp protection coverage. In that case, you may have the right to pursue a non-subscriber claim, which will follow the Texas personal injury statute of limitations of two years.

Contract & Business Disputes

Anytime you find yourself in a business or contractual dispute, you will have a maximum of four years to get your civil claim filed before the statute of limitations passes. Examples of contract disputes you may be able to pursue within this timeframe include:

  • Fraud
  • Breach of fiduciary duty
  • Breach of contract
  • Debt collection claims

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Permanent Brain Injury

The Kemmy Firm secured an $8.6 million settlement on behalf of a woman who suffered a permanent brain injury after three years of hard-fought litigation.

Permanent Spinal Cord Injury

The Kemmy Law Firm, P.C. obtained the second largest medical negligence verdict in Texas for 2017 ($13.5 million).

Total Destruction of West Texas Business

The Kemmy team secured a confidential settlement for a group of Well Owners who were forced to shut down their oil related business with a $20 Million market value.

Permanent Spine Injury for Iowa Insurance Agent

We recovered $3 Million for a family whose breadwinner and patriarch suffered a severe spinal cord injury.

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Are There Exceptions to the Statute Of Limitations?

Several potential exceptions could either reduce your amount of time under the statute of limitations or give you more time to file your claim. First, you may have the right to have the statute of limitations tolled in your case any time a minor is the victim. In these cases, the statute of limitations will not begin until the minor reaches the age of 18.

You might also have the statute of limitations tolled in your case if you left the state of Texas or were unaware of the fact that you had the right to file a claim. This is often seen in cases where victims of medical malpractice are unaware that medical negligence caused their condition until years later.

 

How Can an Attorney Benefit Me?

Having an attorney working for you can help to ensure your personal injury claim is filed within the statute of limitations timeline. Your lawyer will be able to analyze the specific details of your case to determine whether the statute of limitations was tolled, how much longer you have to file your claim, and gather evidence to prove damages and liability before your statute of limitations expires.

While you are recuperating, our attorneys will work diligently to ensure necessary deadlines are made, identify all at-fault parties, and maximize the amount of restitution you are ultimately awarded.

Call Kemmy Law For Help Today

When you need a personal injury attorney you can rely on to identify all liable parties and ensure your claim is filed with plenty of time to pursue your case, choose Kemmy Law Firm.

Learn more about the steps you can take to make them pay when you contact our office for a free consultation. Fill out our online contact form or call our office at (432) 400–0000 to take advantage of this opportunity.

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Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.