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Texas Statute Of Limitations

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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  • $20 MILLION Oil and gas case involving significant economic harm
  • $13.5 MILLION
    Jury Verdict
    Patient paralyzed after nurses failed to tell a doctor about a change in condition
  • $8 MILLION Young college student suffers brain injury from negligent conduct
  • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
  • $6.2 MILLION
    Jury Verdict
    Marine veteran suffers catastrophic harm after a dangerous fall
  • $6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children

    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.

    • 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:

      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).

    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.

      "Showed a deep understanding of my personal situation and demonstrated empathy."

      Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .

      - Jim P.
      "He far exceeded any of my expectations on my case with a positive outcome."
      I was involved in a refinery accident and was referred to Kemmy Law Firm. Nicholas Kemmy walked me through the process and took care of all the necessary details. He far exceeded any of my expectations on my case with a positive outcome.
      - Robert R.
      "What surprised me most was the immediate help and desire to help."
      For my Hispanic compatriots, I would like to share my experience with the Kemmy Law Firm. What surprised me most was the immediate help and desire to help. They provided me with the steps that, as you will understand, are often complicated to achieve my goals.
      - Carlos L.
      "I can’t thank you all enough for what you have done for me and my family."

      I had an amazing experience with the Kemmy law firm. I was facing some really tough circumstances with my case but Tom and his incredible staff were able to get me over double the money that I was initially looking at at the start of my case. I can’t thank you all enough for what you have done for me and my family.

      - Rod C.
      We Know the Stakes The Kemmy Experience

      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.

      • Meet a Former Client

      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.

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      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.

      Let Our Family Protect Yours

      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.

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