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.
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All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
What Is the 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:
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.
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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.
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Property DamagesProperty 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.
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Wrongful DeathYou 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).
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.
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"I wholeheartedly endorse Kemmy Law without reservation."Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G.
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"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
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"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"Very easy to talk to, sincerely cared about my situation."I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O.
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
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.
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.
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.
