The Texas 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:

• 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).

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.

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:

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..